{"id":"F2016L01176","name":"VET Provider Credits Determination No. 5 of 2016","slug":"vet-provider-credits-determination-no-5-of-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":129408,"registerId":"commonwealth-F2016L01176-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"VET Provider Credits Determination No. 5 of 2016","content":"![Commonwealth Coat of Arms](image.001.png)\n\nVET Provider Credits Determination No. 5 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 $3,000.\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 8th day of July 2016\n\nMaryann Quagliata\n\nBranch Manager\n\nDelegate of the Minister","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a specific administrative determination made under existing delegated powers. It implements the original intent of section 45D of Schedule 1A to HESA, which was designed to allow for credits to be allocated when VET providers exit the scheme. There is no expansion of scope beyond the original statutory framework."},"complexity_factors":["Single operative provision with only two sub-paragraphs (a) and (b)","No defined terms section — all entities and amounts are explicitly named","No cross-references to other legislation beyond citing the empowering provision (subclause 45D(6) of Schedule 1A to HESA)","No conditional logic, exceptions, or nested provisions","Total length: approximately 150 words of substantive content","Straightforward cause-and-effect: provider ceases → credits arise → amount specified"],"plain_english_summary":"This is a short administrative decision (called a 'determination') made by a government official in 2016. It deals with the VET FEE-HELP scheme — a former Australian government program that helped students pay for vocational education and training (VET) courses through loans.\n\n**What happened:**\n- A training provider called **Phoenix Institute of Australia Pty Ltd** stopped being an approved VET provider (meaning it could no longer offer government-subsidised courses).\n- When a provider exits the system like this, the law allows for financial adjustments called **'credits'** to be made to other providers' accounts.\n\n**What this determination does:**\n- It gives **$3,000 in credits** to another training provider: **College of Complementary Medicine NSW Pty Ltd**.\n- These credits go into the College's 'VET FEE-HELP account' — essentially a notional account tracking how much that provider can claim or offset under the loan scheme.\n- The credits are backdated to **31 March 2016**, which is when Phoenix Institute actually ceased being a provider.\n\n**Why it matters:**\nThis is a housekeeping adjustment in the VET FEE-HELP system. It ensures that when one provider leaves the scheme, financial entitlements are properly transferred or credited to remaining providers. These kinds of determinations were common during the troubled VET FEE-HELP era (roughly 2009–2016), which was plagued by rorting and provider collapses before the scheme was replaced by VET Student Loans."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This determination creates a specific accounting effect: it causes a $3,000 credit to arise in the VET FEE-HELP account of College of Complementary Medicine NSW Pty Ltd as of 31 March 2016, because Phoenix Institute of Australia Pty Ltd ceased to be a VET provider. The instrument therefore changes the recorded balance or entitlement within the named statutory VET FEE-HELP account by that fixed amount and date. (subclause 45D(6); subparagraph 45D(2)(e)(i); subclause 45D(1))"},"complexity_factors":["Short, single-purpose instrument that performs one accounting declaration","Relies on and cross-references specific subclauses of Schedule 1A to the Higher Education Support Act 2003 (requires locating and reading those provisions to understand broader effects)","Uses delegated administrative power (subclause 45D(6)), so legal analysis requires attention to delegation and any limits in the parent statute","Involves retrospective dating (credit arises as of a past cessation date), which raises record-keeping and timing clarity issues","Nominal monetary amount and named entities reduce factual ambiguity but require confirmation of identities (ABNs) and correct account mapping"],"plain_english_summary":"What this determination does\n\n- The determination, made by a delegate of the Minister under subclause 45D(6) of Schedule 1A to the Higher Education Support Act 2003 (HESA), records that a $3,000 credit has been created in a VET FEE-HELP account. (subclause 45D(6))\n- That credit is recorded in the VET FEE-HELP account of College of Complementary Medicine NSW Pty Ltd (ABN: 79 112 054 672). (text)\n- The credit is taken to have arisen on 31 March 2016, the day Phoenix Institute of Australia Pty Ltd (ABN: 37 084 806 575) ceased to be a VET provider. The timing is fixed by reference to subparagraph 45D(2)(e)(i) of Schedule 1A to HESA. (subparagraph 45D(2)(e)(i))\n\nWho decides and who is affected\n\n- A Ministerial delegate (Maryann Quagliata, Branch Manager) used the statutory power to make the determination. The instrument identifies the delegate and records the legal basis for the decision. (subclause 45D(6))\n- The immediate, named beneficiary is College of Complementary Medicine NSW Pty Ltd, which receives the $3,000 credit in its VET FEE-HELP account. The determination was triggered by Phoenix Institute of Australia Pty Ltd ceasing to be a VET provider. (text)\n\nHow it operates mechanically\n\n- The instrument operates by declaring that a specified credit amount ($3,000) “arises” in the named VET FEE-HELP account. It fixes the date on which the credit is to be treated as having arisen (31 March 2016). (subclause 45D(6); subparagraph 45D(2)(e)(i))\n- The underlying statutory framework for the account is referred to (the VET FEE-HELP account established by subclause 45D(1) of Schedule 1A to HESA), so the determination interacts with that statutory account structure. (subclause 45D(1))\n\nCosts, incentives and decision-making consequences (source-grounded)\n\n- Who pays / benefits: The instrument assigns a credit to the College’s VET FEE-HELP account. The instrument itself does not specify how budgetary flows outside that statutory account are managed; it records that the account balance for the named college increases by $3,000. (text; subclause 45D(1))\n- Who decides: A delegate of the Minister exercised statutory discretion under subclause 45D(6) to determine that the credit arises. The instrument records the delegate’s name and the statutory power used. (subclause 45D(6))\n- Incentives and behaviour: Mechanically, the College receives an accounting credit dated to the time the other provider ceased operating. That changes the College’s recorded position within the VET FEE-HELP account framework; any further behavioural effects (for example on enrolment pricing, competition or service provision) are not specified in this instrument. The instrument does not itself set ongoing entitlements or obligations beyond the declared credit. (text)\n- Compliance burden and administration: The determination is a single administrative act that creates a named credit and fixes its date. It requires record-keeping (identifying provider ABNs, amount and date) but does not impose ongoing conditions or reporting obligations in the text of the instrument. (text)\n- Discretion and legal basis: The delegate acted under an express statutory provision (subclause 45D(6)). The instrument records that statutory basis and thus rests on delegated administrative discretion. The scope of that discretion and any criteria for its exercise are set out in the cited statutory provisions outside this determination. (subclause 45D(6); subclause 45D(1))\n\nTrade-offs, risks and administrative notes\n\n- This is a narrowly targeted, retrospective accounting act: it allocates a specific monetary credit to a specific VET FEE-HELP account as at a stated historical date. The principal implementation risk is clerical or recording error (wrong amount, wrong account or wrong date). (text)\n- The instrument does not itself create or change the underlying program rules beyond the accounting entry it records; any broader legal or financial consequences depend on the operation of the VET FEE-HELP account rules in Schedule 1A to HESA. (subclause 45D(1))\n\nSources cited in the text\n\n- Subclause 45D(6) of Schedule 1A to the Higher Education Support Act 2003 (legal power used); subclause 45D(1) (the VET FEE-HELP account reference); subparagraph 45D(2)(e)(i) (effective date). The determination text names the two corporate entities by ABN and gives the exact credit amount ($3,000) and the date it is taken to have arisen (31 March 2016). (text)"}},"importantCases":[],"_links":{"self":"/api/acts/vet-provider-credits-determination-no-5-of-2016","history":"/api/acts/vet-provider-credits-determination-no-5-of-2016/history","analysis":"/api/acts/vet-provider-credits-determination-no-5-of-2016/analysis","conflicts":"/api/acts/vet-provider-credits-determination-no-5-of-2016/conflicts","importantCases":"/api/acts/vet-provider-credits-determination-no-5-of-2016/important-cases","documents":"/api/acts/vet-provider-credits-determination-no-5-of-2016/documents"}}