EXPLANATORY STATEMENT
Notice of revocation of approval as a provider on request by the provider under subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003
Issued by the authority of the Minister
Authority
Subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003 (the Act) provides for the revocation of approval of a body as a VET provider by the Minister if the body requests in writing that the Minister revoke its approval. Subclause 39(3) of Schedule 1A to 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 subclauses 39(1) and 39(3) of Schedule 1A to the Act, to certain Australian Public Service employees responsible for administering the Act.
Subclause 39(4) of Schedule 1A to the Act stipulates that a notice of revocation under subclause 39(3) of Schedule 1A to the Act is a legislative instrument for the purposes of the Legislation Act 2003.
Purpose
This legislative instrument (the Instrument) revokes the approval of Australian Teachers of Dancing Limited as a VET FEE‑HELP provider under subclause 39(1) of Schedule 1A to the Act.
Background
Australian Teachers of Dancing Limited was approved by the Minister’s delegate as a VET FEE‑HELP provider on 23 December 2015 by Instrument of Approval No. 19 of 2015 and registered on the Federal Register of Legislation No F2016L00018 on 6 January 2016.
On 10 March 2016, Australian Teachers of Dancing Limited requested in writing that its approval as a VET FEE-HELP provider be revoked.
Commencement
The notice of revocation shall commence on 16 May 2016.
Consultation
Consultation was not undertaken and was not considered necessary as Australian Teachers of Dancing Limited has voluntarily requested revocation of its approval as a VET provider for the purposes of VET FEE‑HELP, and Australian Teachers of Dancing Limited is the only VET 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 request by the provider under subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003
Issued by the authority of the Minister
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 subclause 39(1) of the Act. The purpose of the Instrument is to revoke the approval of Australian Teachers of Dancing Limited as a VET provider for the purposes of VET FEE-HELP under the Act. Under subclause 39(1) of Schedule 1A to the Act an approved VET 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 vocational education and training by Australian Teachers of Dancing Limited as it revokes its approval as a VET provider for the purposes of VET FEE-HELP under the Act, removing its ability to offer VET FEE-HELP assistance to its eligible students.
The right to education is engaged, as the Instrument removes the approval of Australian Teachers of Dancing Limited as a VET provider for the purposes of VET FEE-HELP under the Act. However the right is unaffected as it does not remove Australian Teachers of Dancing Limited 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.
Overview
The Explanatory Statement for F2016L00611 outlines the revocation of approval for Australian Teachers of Dancing Limited as a VET FEE-HELP provider under the Higher Education Support Act 2003. Enacted by the Minister under subclause 39(1) of Schedule 1A, this legislative instrument addresses the specific situation where a provider requests the revocation of its approval. Australian Teachers of Dancing Limited, which had been approved on 23 December 2015 and registered on 6 January 2016, formally requested the revocation of its approval on 10 March 2016. The revocation, which took effect on 16 May 2016, was communicated to the provider in accordance with the statutory requirement to notify at least 14 days prior to the revocation date. This revocation does not impact the broader right to education as the provider retains its ability to deliver education and training, but it does limit its ability to offer VET FEE-HELP assistance to eligible students.
Scope and Application
The Higher Education Support Act 2003 (the Act) governs the revocation of approval of bodies as Vocational Education and Training (VET) providers under specific conditions, particularly when the provider requests revocation in writing. This applies to entities such as Australian Teachers of Dancing Limited, which can request the Minister to revoke their approval as a VET provider for the purposes of the VET FEE-HELP scheme. The Minister, under subclause 39(1) of Schedule 1A of the Act, has the authority to revoke such approval and must notify the provider at least 14 days prior to the effective date of the revocation, as outlined in subclause 39(3). This revocation is executed by issuing a legislative instrument, as stipulated in subclause 39(4) of Schedule 1A. The Act applies nationally across Australia, and its provisions extend to any entity approved under the VET FEE-HELP scheme. The Act does not specify exclusions or thresholds for revocation but requires the provider to voluntarily request the revocation. The Minister's powers under the Act can be delegated to certain Australian Public Service employees responsible for administering the Act. The revocation process does not engage any significant human rights considerations, as it pertains solely to the provider's eligibility for the VET FEE-HELP scheme without affecting their broader educational services.
Key Provisions
The legislation (F2016L00611) under the Higher Education Support Act 2003, specifically Schedule 1A subclause 39(1), provides a framework for the revocation of approval of a body as a VET provider if that body requests such revocation in writing. The Minister is required, under subclause 39(3), to notify the body of this revocation in writing at least 14 days before the effective date of the revocation. This notification is considered a legislative instrument as outlined in the Legislation Act 2003. The instrument concerns the revocation of Australian Teachers of Dancing Limited's approval as a VET FEE-HELP provider, following a written request from the company dated 10 March 2016. The revocation is set to take effect on 16 May 2016. The Minister has delegated the power to make such revocations to certain Australian Public Service employees responsible for administering the Act, as per paragraph 238-5(1)(b).
The Act imposes specific obligations on the entities it governs, particularly the requirement for a written request for revocation of approval to be made by the entity itself. In the case of Australian Teachers of Dancing Limited, this written request was made, thereby triggering the revocation process. Furthermore, the Minister, through delegated authority, must ensure that the entity is formally notified of the revocation at least 14 days prior to its effective date. The Act also requires that the revocation be documented as a legislative instrument, ensuring transparency and legal formality in the process.
Under the Higher Education Support Act 2003, breaches of the provisions concerning the revocation of provider approval may lead to specific consequences. Although the explanatory statement does not detail specific offences or penalties, it is implied that failure to follow the prescribed processes could result in legal challenges or administrative actions. The revocation itself, while not explicitly stated as an offence, is a formal administrative action that follows the entity's request and the Minister's compliance with notification requirements. The implications of such revocation can include the cessation of the entity's ability to offer VET FEE-HELP assistance, which impacts its students and operations. However, the Act ensures that these changes are communicated well in advance, mitigating potential disruptions.