EXPLANATORY STATEMENT
Education Services for Overseas Students (ASQA Registration Renewal Application Period) Determination 2019
Issued by the authority of the Australian Skills Quality Authority (ASQA)
Subject: Education Services for Overseas Students (ASQA Registration Renewal Application Period) Determination 2019
Authority
Section 10D(3) of the Education Services for Overseas Students Act 2000 (ESOS Act) allows an ESOS agency for a registered provider to determine, by legislative instrument, the period within which applications to renew registration under section 10D of the ESOS Act must be made.
Section 6C of the ESOS Act prescribes that the National VET Regulator is the ESOS agency for a provider or registered provider to the extent that a provider or registered provider is a registered VET provider. Section 6 of the Education Services for Overseas Students (ESOS Agency-ELICOS and Foundation Programs) Determination 2016 prescribes that the National VET Regulator is also the ESOS agency for specified providers that provide English Language Intensive Courses for Overseas Students (ELICOS).
Section 5 of the ESOS Act defines the National VET Regulator as having the same meaning as in the National Vocational Education and Training Regulator Act 2011 (the NVR Act). ASQA is established as the national VET regulator under Part 7 of the NVR Act and Part 4 of the National Vocational Education and Training Regulator Regulations 2011 (NVR Regs).
Section 157(1) of the NVR Act prescribes the functions of ASQA, including:
(q) such other functions as are conferred on the Regulator by or under:
(ii) the Education Services for Overseas Students Act 2000 or any other law of the Commonwealth
ASQA applies fees payable for lodgement and assessment of application for registration, including renewal of registration, under the ESOS Act in accordance with the Australian Skills Quality Authority Instrument Fixing Fees No. 1 of 2013.
Purpose
The purpose of the instrument is to set out the period within which applications under Section 10D of the ESOS Act must be made.
Under section 10D of the ESOS Act, a registered provider may apply to ASQA to renew the provider’s registration to provide a course or courses at a location or locations to overseas students. Where ASQA is the ESOS agency for the registered provider, the application must be made to ASQA within the period determined in this legislative instrument pursuant to subsection 10D(3) and in the form approved, in writing, by ASQA pursuant to subsection 11A (2)(a). The renewal application will be subject to lodgement and assessment fees that must be paid.
Consultation
On 15 February 2019, ASQA wrote to peak sector organisations to advise that ASQA was accepting submissions on the Education Services for Overseas Students (ASQA Registration Renewal application Period) Determination 2019. ASQA also published details on how to make a submission to ASQA on the ASQA website, with a statement that ASQA would accept submissions on the draft Determination until 1 March 2019.
ASQA received two submissions during the consultation period, both of which endorsed the draft Determination. ASQA has had regard to providers’ feedback and procedural fairness for all providers.
Explanation of provisions
Section 1- Name
Section 1 provides the name of the instrument.
Section 2 - Commencement
Section 2 sets out the commencement date of the Instrument, which is the day after registration.
Section 3 - Authority
Section 3 sets out the legal authority to make the Instrument.
Section 4 - Definitions
Section 4 provides definition for terms used in the Instrument.
Section 5- Periods within which renewal of registration must be made
Section 5 details the period within which a registered provider must make a renewal of registration application.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Education Services for Overseas Students (ASQA Registration Renewal Application Period) Determination 2019
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The purpose of the instrument is to set out the period within which applications must be made for the purposes of Section 10D of the Education Services for Overseas Students Act 2000. These applications are applications for renewal of registration of providers on the Commonwealth Register of Institutions and Courses for Overseas Students.
Human rights implications
The Instrument engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. In particular, this instrument has an effect on the provision of education services by higher education providers.
To the extent that the right to education is engaged, this right is promoted by the Legislative Instrument as it ensures seamless continuity of education through periods of renewal.
Conclusion
This Instrument is compatible with human rights because it advances the protection of human rights.
_______________________
Mark Paterson AO
Chief Commissioner
Australian Skills Quality Authority