The gate that failed was a gate that did not exist
Under VET FEE-HELP, being a registered training organisation was effectively enough to originate uncapped Commonwealth student debt. Lending went from $25.6 million in 2009 to $2.9 billion in 2015, and the taxpayer lost $2.2 billion.
Steps this would change
- A training provider is approved to originate Commonwealth student debt — Apply to become an approved VET Student Loans provider
- A training provider is approved to originate Commonwealth student debt — Fitness and financial viability assessment
- A training provider is approved to originate Commonwealth student debt — Ongoing conditions attach
Rationale
Recorded as enacted, because it is one of the few clean fixes in this database and the site should say so as loudly as it says the rest.
Two questions, which look similar and are not:
- Can this organisation deliver and assess training to the national standard? A training-quality question, asked by ASQA against the Standards for Registered Training Organisations.
- Should this organisation be permitted to create a debt on a student's tax file, repayable for the rest of their working life? A fiscal and consumer protection question, about who controls the organisation, how it recruits, and what happens to its revenue if the student never attends.
Under VET FEE-HELP the second question had no gate of its own worth the name. An organisation that got through the first gate could reach the loan scheme, and the scheme was uncapped: revenue arrived per enrolment, from the Commonwealth, whether or not anybody learned anything.
The trajectory is the argument.
| Year | VET FEE-HELP lending |
|---|---|
| 2009 | $25.6 million |
| 2012 | $325 million |
| 2014 | $1.75 billion paid to providers |
| 2015 | $2.9 billion, almost 200,000 full-time-equivalent students |
The number of loans doubled between 2013 and 2014. No assessment gate anywhere in the chain was capable of responding to that, because none of them was looking at volume — they were looking at whether individual organisations met training standards, one at a time, on application.
The final cost: $2.2 billion lost to the taxpayer, including an estimated $1.2 billion of loans issued inappropriately in 2014 and 2015 alone that will not be recovered. The Australian National Audit Office examined the administration of the scheme; the Senate inquiry examined the conduct.
That is not a training-quality failure and a training regulator was never going to catch it. A provider signing up students through brokers paid per head, who would never complete, was running a perfectly functional business. The Senate inquiry found marketing that misled and specifically targeted vulnerable and disadvantaged consumers.
What the VET Student Loans Act 2016 did, from 1 January 2017 — with existing students grandfathered on the old scheme until 31 December 2018:
- Made RTO registration a precondition, not a qualification. A separate application, to the department, for approval as a VET student loans provider.
- Asked the fitness and financial viability question directly, of the organisation and of the people controlling it — and asked about student completion rates and links to industry and employment, neither of which is a training-standards question.
- Restricted loans to courses on a determined list — diploma, advanced diploma, graduate certificate and graduate diploma — with a smaller set approved only for specified listed and not-for-profit providers, rather than anything at diploma level and above from anyone.
- Attached continuous conditions rather than trusting the gate: loan caps per course, payment in instalments against census days so a provider is not paid in full for a student who left in week two, and evidence the student is actually engaged.
Point 4 is the transferable lesson, and it is the same one this site drew from universal aged care registration: the durable control is usually a continuous, dull, cheap check rather than a bigger entry assessment. Entry gates are assessed once, by people who cannot see the future, on evidence the applicant chose.
And this entry is the counterweight to most of this site. Ninety-eight processes here argue that a step should be removed, merged, thresholded or run in parallel. This one records what happened when a check was missing, and it cost billions of dollars and a great many people a debt they did not understand. A method that could only ever produce arguments for less process would be a bad method, and this is the clearest case in the database of the other direction being right.
What is being traded away
The fix has a cost and this database has already recorded it from the other side. The course list keeps loans away from Certificate IV and below, which is why a loan cannot reach a Certificate III in early childhood education — the qualification producing most of the childcare workforce, in a sector with a legislated 3 Day Guarantee. The controls that stopped the harm also stopped some of the good. Both entries are true and they point in opposite directions, which is the honest state of the question.
A two-gate structure is duplication, and this site normally objects to it. An organisation makes two applications, to two Commonwealth bodies, supplying overlapping evidence. Everywhere else here that would be a verify once argument. The distinction — that the two gates ask genuinely different questions of genuinely different risk — is a real distinction, and it is exactly the distinction every duplicated process claims for itself. This entry should be read as an argument that the claim is sometimes true, not as a general licence.
Enacted does not mean solved. The scheme's controls have not been tested by a period of rapid expansion in demand, which is the condition under which the original failure occurred. And the students harmed between 2012 and 2016 are still being dealt with through a 785-day opt-in remedy that begins with the person finding out it exists.
And the fix arrived after the harm, which is the part no reform can undo. Of the estimated $1.2 billion issued inappropriately in 2014 and 2015, the redress scheme built to reverse it re-credited $227.61 million — under a fifth — and then closed. That is recorded separately in The remedy recovered $228 million, ran for five years, and closed, and it is the strongest evidence in this database that fixing a gate prospectively is much easier than repairing what came through it.
Precedent
This is the precedent. The VET Student Loans Act 2016 separated the two questions, gave the second to the department carrying the fiscal risk, and attached continuous conditions rather than relying on the entry gate.
Sources
- VET Student Loans Act 2016 (Cth) and VET Student Loans Rules 2016, commencing 1 January 2017, replacing VET FEE-HELP; existing students retained access until 31 December 2018 under grandfathering provisions
- VET FEE-HELP lending: $25.6 million in 2009, $325 million in 2012, $1.75 billion paid to providers in 2014, and $2.9 billion across almost 200,000 full-time-equivalent students in 2015; the number of loans doubled between 2013 and 2014
- The taxpayer will lose $2.2 billion in the failed VET FEE-HELP student loan system; $1.2 billion relating to loans issued inappropriately by VET FEE-HELP providers in 2014 and 2015 was estimated not to be recovered
- ANAO performance audit, Administration of the VET FEE-HELP Scheme
- VET Student Loans (Courses and Loan Caps) Determination 2016; VET Student Loans (Charges) Act 2016 (Cth)
- VET Student Loans Act 2016 (Cth): approval as a VET student loans provider is a separate approval; loans are limited to approved courses specified in a determination; loan caps apply by course; payment is made in instalments against census days; student engagement requirements apply
- Higher Education Support Act 2003 (Cth), VET FEE-HELP provisions
- Senate Education and Employment References Committee inquiry into private VET providers: misleading and deceptive marketing targeting vulnerable and disadvantaged consumers
- National Vocational Education and Training Regulator Act 2011 (Cth); ASQA registers RTOs against the Standards for Registered Training Organisations
