EXPLANATORY STATEMENT
Notice of revocation of approval as a provider on request by the provider
under subsection 22-40(1) the Higher Education Support Act 2003
Issued by the authority of the Minister
Authority
Subsection 22-40(1) the Higher Education Support Act 2003 (the Act) provides for the revocation of approval of a body as a higher education provider by the Minister if the body requests in writing that the Minister revoke its approval. Subsection 22-40(3) of the Act specifies that the Minister must cause the body to be notified of the revocation in writing at least 14 days before the day on which the revocation is to take effect.
Under paragraph 238-5(1)(b) of the Act, the Minister has delegated his powers under subsections 22‑40(1) and 22‑40(3) of the Act, to certain Australian Public Service employees responsible for administering the Act.
Subsection 22-40(3A) of the Act stipulates that a notice of revocation under subsection 22-40(3) is a legislative instrument for the purposes of the Legislation Act 2003.
Purpose
This legislative instrument (the Instrument) revokes the approval of the Australian Institute of Management South Australian Division Inc (ABN 35 219 126 058) as a higher education provider under subsection 22-40(1) of the Act.
Background
The Australian Institute of Management South Australian Division Inc was approved by the Minister’s delegate as a higher education provider on 1 September 2009 by Instrument of Approval No 7 of 2009 and registered in the Federal Register of Legislation No F2009L03470 on 8 September 2009.
On 15 April 2016, the Australian Institute of Management South Australian Division Inc requested in writing that its approval as a higher education provider be revoked.
Commencement
The notice of revocation shall commence on 15 May 2016.
Consultation
Consultation was not undertaken and not considered necessary as the Australian Institute of Management South Australian Division Inc has voluntarily requested revocation of its approval as a higher education provider for the purposes of FEE‑HELP and the Australian Institute of Management South Australian Division Inc is the only higher education provider affected by the Instrument.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Notice of Revocation of approval as a provider on application
The 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 Instrument is made by the Minister under subsection 22-40(3A) of the Act. The purpose of the Instrument is to revoke the approval of Australian Institute of Management South Australian Division Inc as a higher education provider for the purposes of FEE‑HELP under the Act. Under subsection
22-40(1) of the Act an approved higher education provider must request in writing that their approval be revoked.
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, the Instrument has an effect on the provision of higher education by the Australian Institute of Management South Australian Division Inc as it revokes its approval as a higher education provider for the purposes of FEE-HELP under the Act, removing its ability to offer FEE-HELP assistance to its eligible students.
The right to education is engaged, as the Instrument removed the approval of the Australian Institute of Management South Australian Division Inc as a higher education provider for the purposes of FEE-HELP under the Act. However the right is unaffected as the revocation does not remove the Australian Institute of Management South Australian Division Inc’s approval to deliver education and training to students.
Conclusion
This Instrument is compatible with human rights because it does not affect the protection of human rights.