Higher Education Provider Approval Revocation 2018

Administered by Department of Education

Legislation au F2018L01191 In force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the Authority of the Delegate for the Minister for Education and Training

Higher Education Support Act 2003

Higher Education Support (Blue Mountains International Hotel Management

School Pty Limited)

Higher Education Provider Approval Revocation 2018

Authority

The Higher Education Support Act 2003 (the Act) provides the Commonwealth with powers to give financial support for higher education and certain vocational education and training through grants and other payments to providers, and through financial assistance to students (usually in the form of loans).

The Act provides for loans, called FEE-HELP assistance, to be made available to students enrolled in certain higher education courses. A body has to be approved by the Minister as a higher education provider before its students can receive FEE-HELP.

A body’s approval as a higher education provider must be revoked by the Minister in certain circumstances set out in Subdivision 22-AA of the Act. Subsection 22-2(1) of the Act provides that the Minister must revoke a body’s approval as a higher education provider if:

the body is no longer a registered higher education provider (within the meaning in the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act)); and
in a case where the Tertiary Education Quality and Standards Agency (TEQSA) has made either of the following decisions under the TEQSA Act, the decision has not been set aside or quashed, and is no longer subject to review:
- a decision under section 36 of that Act to refuse an application to renew the body’s registration under Part 3 of that Act;
- a decision under section 101 of that Act to cancel the body’s registration under Part 3 of that Act.

Subsection 22-2(2) of the Act provides that the Minister must notify the body in writing of the revocation. Subsection 22-2(3) provides that such a notice of revocation is a legislative instrument.

Under paragraph 238-5(1)(b) of the Act, the Minister has delegated his powers under section 22-2 of the Act to an APS employee with a classification of SES Employee Band 1 or higher with responsibility for the administration of the FEE-HELP scheme.

Purpose

The purpose of this legislative instrument (the Instrument) is:

(a) to provide notice to Blue Mountains International Hotel Management School Pty Limited of the revocation of its approval as higher education providers, pursuant to subdivision 22-AA, section 22-2 of the Act; and

(b) to repeal the original notice of approval of Blue Mountains International Hotel Management School Pty Limited as a higher education provider. Notices of approval under paragraph 16-50(1)(b) are legislative instruments for the purposes of the Act.

Background

Section 16-27 of the Act provides that the Minister must not approve a body corporate as a higher education provider under section 16-25 of the Act unless the body is a ‘registered higher education provider’. A ‘registered higher education provider’ is a higher education provider

registered by TEQSA under Part 3 of the TEQSA Act and listed by TEQSA on the National Register of Higher Education Providers.

TEQSA approved the application from Blue Mountains International Hotel Management School Pty Limited to withdraw its registration as a higher education provider, effective as of 27 October 2017. This was a result of Blue Mountains International Hotel Management School Pty Limited (ACN: 004004317, ABN: 91004004317) having been amalgamated into Torrens University Australia Ltd in 2016 as part of the restructure of the Laureate higher education group.

TEQSA’s decision was based on its being satisfied that all higher education operations had ceased at Blue Mountains International Hotel Management School Pty Limited.

Blue Mountains International Hotel Management School Pty Limited (ACN: 004004317, ABN: 91004004317) was approved by the Minister’s delegate as a higher education provider on 17 June 2005.

Subsection 22-2(1) of the Act provides that the Minister must revoke a body’s approval as a ‘higher education provider’ if the body is no longer a ‘registered higher education provider’, and a decision under the TEQSA Act to refuse an application to renew the body’s registration or to cancel the body’s registration, has not been set aside or quashed, and is no longer subject to review. Pursuant to subsection 22-2(2) of the Act, the Instrument notifies Blue Mountains International Hotel Management School Pty Limited in writing of the revocation of its approval in accordance with subsection 22-2(1) of the Act.

Consultation

The TEQSA National Register confirms that Blue Mountains International Hotel Management School Pty Limited has ceased to be registered as a higher education provider, and any decisions by TEQSA to refuse an application to renew its registration or to cancel its registration, had not been set aside or quashed, and were no longer subject to review. Further, the department’s records show that Blue Mountains International Hotel Management School Pty Limited is no longer providing higher education to students. No students will be affected by the Instrument and HBC is the only higher education provider affected by the Instrument.

Procedural Fairness

The procedural fairness requirements in subdivision 22-C of HESA do not apply to the Minister’s obligations to revoke approval in the circumstances provided for under subdivision 22-AA.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Higher Education Support (Blue Mountains International Hotel Management School Pty Limited) Higher Education Provider Approval Revocation 2018

The legislative instrument (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 Instrument

Subsection 22-2(1) of the Higher Education Support Act 2003 (the Act) provides that the Minister must revoke a body’s approval as a higher education provider if:

the body is no longer a registered higher education provider (within the meaning in the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act)); and
in a case where the Tertiary Education Quality and Standards Agency (TEQSA) has made either of the following decisions under the TEQSA Act, the decision has not been set aside or quashed, and is no longer subject to review:
- a decision under section 36 of that Act to refuse an application to renew the body’s registration under Part 3 of that Act;
- a decision under section 101 of that Act to cancel the body’s registration under Part 3 of that Act.

Subsection 22-2(2) of the Act provides that the Minister must notify the body in writing of the revocation. Subsection 22-2(3) provides that such a notice of revocation is a legislative instrument.

The purpose of the Instrument is:

to provide notice to Blue Mountains International Hotel Management School Pty Limited of the revocation of its approval as a higher education provider pursuant to section 22-2 of the Act; and
to repeal the notice of approval of Blue Mountains International Hotel Management School Pty Limited as a higher education provider.

Human rights implications

The Instrument engages, but does not limit the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. Article 13 recognises the right of everyone to education, which is directed towards the full development of the human personality and the sense of its dignity and to enable all persons to participate effectively in society.

The Instrument engages the right to education to the extent that may affect the provision of higher education by Blue Mountains International Hotel Management School Pty Limited as it revokes its approval as a higher education provider for the purposes of FEE-HELP under the Act thereby removing their ability to offer FEE-HELP assistance to students.

As Blue Mountains International Hotel Management School Pty Limited has ceased providing higher education to students and has activated its tuition assurance scheme, no students will be disadvantaged as a result of this revocation.

Conclusion

This Instrument is compatible with human rights as it does not raise any human rights issues.

Damian Coburn

Delegate of the Minister

Details of the Higher Education Support (Blue Mountains International Hotel Management School Pty Limited) Higher Education Provider Approval Revocation 2018

Section 1 - Name

This section provides that the name of the Instrument is the Higher Education Support (Blue Mountains International Hotel Management School Pty Limited) Higher Education Provider Approval Revocation 2018.

Section 2 - Commencement

This section provides that the Instrument commences on the day that the Instrument is registered on the Federal Register of Legislation. This is consistent with the requirement in subsection 22-2(2) of the Act.

Section 3 - Authority

This section provides that the authority for the Instrument is section 22-2 of the Act.

Section 4 - Definitions

This section provides a definition for the Act as it is used in the Instrument. A note clarifies that the term higher education provider has the same meaning as given in the Act.

Section 5 - Notice of Revocation of Approval as a Higher Education Provider

This section notifies Blue Mountains International Hotel Management School Pty Limited of the revocation of its approval as a higher education provider.

Overview

The Higher Education Support (Blue Mountains International Hotel Management School Pty Limited) Higher Education Provider Approval Revocation 2018 was enacted to address the need for revoking the approval of Blue Mountains International Hotel Management School Pty Limited as a higher education provider under the Higher Education Support Act 2003. This revocation followed the institution’s cessation of higher education operations and its withdrawal of registration as a higher education provider by the Tertiary Education Quality and Standards Agency (TEQSA). The revocation was necessitated by the Higher Education Support Act 2003, which mandates the Minister to revoke a provider's approval if it is no longer a registered higher education provider and if TEQSA’s decision to refuse or cancel its registration remains unchallenged. The Minister, acting under delegated authority, issued this legislative instrument to formally notify Blue Mountains International Hotel Management School Pty Limited of the revocation and to repeal the prior approval notice. The enactment body was the Australian Parliament, with the policy objective being to ensure the integrity and quality of higher education providers by removing ineligible entities from the FEE-HELP scheme.

Scope and Application

The Higher Education Support (Blue Mountains International Hotel Management School Pty Limited) Higher Education Provider Approval Revocation 2018 is an instrument made under the Higher Education Support Act 2003 (the Act), which provides the Commonwealth with powers to give financial support for higher education and vocational education and training. This instrument applies specifically to Blue Mountains International Hotel Management School Pty Limited, a body that was previously approved as a higher education provider. The revocation of its approval follows its cessation of being a registered higher education provider, as determined by the Tertiary Education Quality and Standards Agency (TEQSA). The instrument mandates the Minister to revoke the approval of any body no longer registered as a higher education provider, particularly if certain decisions by TEQSA concerning its registration remain unreversed and are no longer under review. The instrument serves to notify Blue Mountains International Hotel Management School Pty Limited of this revocation and repeals the previous approval notice, ensuring that it no longer qualifies to offer FEE-HELP assistance to students. This legislative action ensures compliance with the Act's requirements and maintains the integrity of the higher education funding scheme.

Key Provisions

The Higher Education Support (Blue Mountains International Hotel Management School Pty Limited) Higher Education Provider Approval Revocation 2018 revokes the approval of Blue Mountains International Hotel Management School Pty Limited as a higher education provider under the Higher Education Support Act 2003 (the Act). This revocation follows the cessation of its registration as a higher education provider by the Tertiary Education Quality and Standards Agency (TEQSA) and the non-appeal of certain TEQSA decisions. The revocation process is governed by section 22-2 of the Act, which mandates the Minister to revoke a body's approval if it is no longer a registered higher education provider and if certain TEQSA decisions concerning registration renewal or cancellation remain unappealed. The Minister must provide written notification of the revocation, as stipulated in subsection 22-2(2) of the Act. This legislative instrument thus formally communicates the revocation to the school and repeals its previous approval as a higher education provider. The Act imposes specific obligations on higher education providers, including maintaining registration with TEQSA and adhering to the terms of their approval. For Blue Mountains International Hotel Management School Pty Limited, these obligations included providing eligible courses and maintaining standards of education quality. The revocation signifies that the school is no longer authorised to offer courses that qualify for FEE-HELP assistance, effectively ending its eligibility to participate in the Commonwealth's higher education financial support schemes. Additionally, the Act requires providers to inform students about the status of their approval and any implications for financial assistance, although in this case, no students will be adversely affected as the school has ceased operations. Failure to comply with the Act's provisions can result in penalties and legal consequences. The Act does not explicitly detail penalties for non-compliance in this specific context, but generally, breaches of the Act may lead to administrative actions, fines, or other legal repercussions. The revocation itself does not incur penalties, but any subsequent unauthorised operation as a higher education provider could lead to legal action under the Act or other relevant legislation. The revocation serves as a formal notice and does not impose additional punitive measures on the school, which has already ceased its operations and activated its tuition assurance scheme. The legislative instrument also ensures procedural fairness in its process, although it notes that specific procedural fairness requirements under the Act do not apply to the Minister’s obligations to revoke approval in the specified circumstances. This ensures that the revocation is conducted in accordance with the legislative mandate and respects the due process, even if formal procedural fairness steps are not mandated. The compatibility statement confirms that the revocation process aligns with human rights obligations, particularly noting that the right to education is not limited but merely affected by the revocation of the school's approval.

Area of Law: Education Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Repeal & Amendment; Notification Requirements; Regulatory Standards

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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