{"id":"F2016L01134","name":"VET Provider Credits Determination No. 4 of 2016","slug":"vet-provider-credits-determination-no-4-of-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":129382,"registerId":"commonwealth-F2016L01134-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"VET Provider Credits Determination No. 4 of 2016","content":"![Commonwealth Coat of Arms](image.001.png)\n\nVET Provider Credits Determination No. 4 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, Maryann Quagliata, 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 College of Complementary Medicine NSW Pty Ltd (ABN: 79 112 054 672); and\n\n(b) the amount of such credits shall be $120,900.\n\nIn accordance with subparagraph 45D(2)(e)(i) of Schedule 1A to HESA, these credits arise in the VET FEE-HELP account of College of Complementary Medicine NSW Pty Ltd on 31 March 2016, which is when Phoenix Institute of Australia Pty Ltd ceased to be a VET provider.\n\nDated this 23rd day of June 2016\n\nMaryann Quagliata\n\nBranch Manager\n\nDelegate of the Minister","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This Determination applies an existing statutory power to record that credits arise in a specified VET FEE‑HELP account and fixes amount and effective date. It does not amend or expand the scope of the underlying statutory scheme in the text provided; it is a specific administrative application of the powers identified (see subclause 45D(6) and related cross-references)."},"complexity_factors":["Single, discrete administrative action (one determination: credits arise, amount fixed, effective date stated).","Relies on cross-references to specific subclauses of Schedule 1A (45D(1), 45D(2)(e)(i), 45D(6)), which requires reading the parent Act to see wider mechanics.","Requires identification of named parties and a factual trigger (cessation of provider) rather than complex regulatory rules.","Administrative discretion exercised by a delegate (point of legal-administrative complexity).","Does not create ongoing regulatory duties or multi-step procedures in the text itself."],"plain_english_summary":"This Determination, made under Schedule 1A to the Higher Education Support Act by Ministerial delegate Maryann Quagliata (23 June 2016), records that $120,900 in credits arise in the VET FEE‑HELP account of College of Complementary Medicine NSW Pty Ltd, effective 31 March 2016, tied to Phoenix Institute of Australia ceasing to be a VET provider.\n\nIt is an administrative entry that increases the College’s recorded VET FEE‑HELP balance; the instrument records amount and date but does not specify funding or onward application."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a specific administrative determination made under existing legislative authority. It does not alter the scope of the underlying Higher Education Support Act or Schedule 1A; it merely exercises a pre-existing power to transfer credits between providers."},"complexity_factors":["Single operative provision with two straightforward sub-paragraphs","No defined terms section","No cross-references beyond citing the empowering provision (subclause 45D(6))","No conditional logic or exceptions","Document is 1 page with minimal legal machinery"],"plain_english_summary":"This is a short administrative decision made by a government official in 2016. It deals with the VET FEE-HELP scheme, which was a program that let vocational education students defer their tuition fees (similar to university HECS-HELP).\n\n**What happened:**\n- A vocational education provider called **Phoenix Institute of Australia** stopped operating as an approved provider.\n- When a provider exits the scheme, the law allows the government to transfer unused funding allocations (called \"credits\") to other approved providers.\n- The official decided to transfer **$120,900** of Phoenix Institute's unused allocation to **College of Complementary Medicine NSW**.\n\n**Why this matters:**\nThis determination is part of the machinery that managed the troubled VET FEE-HELP scheme, which was later abolished due to widespread rorting (misuse) by some providers. These administrative transfers helped redistribute unused student places when providers collapsed or exited the market."}},"importantCases":[],"_links":{"self":"/api/acts/vet-provider-credits-determination-no-4-of-2016","history":"/api/acts/vet-provider-credits-determination-no-4-of-2016/history","analysis":"/api/acts/vet-provider-credits-determination-no-4-of-2016/analysis","conflicts":"/api/acts/vet-provider-credits-determination-no-4-of-2016/conflicts","importantCases":"/api/acts/vet-provider-credits-determination-no-4-of-2016/important-cases","documents":"/api/acts/vet-provider-credits-determination-no-4-of-2016/documents"}}