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 Sydneylearning Pty Limited as a VET FEE‑HELP provider under subclause 39(1) of Schedule 1A to the Act.
Background
Sydneylearning Pty Limited was approved by the Minister’s delegate as a VET FEE-HELP provider on 7 December 2015 by Instrument of Approval No. 23 of 2015 and registered on the Federal Register of Legislation No F2015L02104 on 23 December 2015.
On 14 April 2016, Sydneylearning Pty 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 Sydneylearning Pty Limited has voluntarily requested revocation of its approval as a VET provider for the purposes of VET FEE‑HELP, and Sydneylearning Pty 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 Sydneylearning Pty 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 Sydneylearning Pty 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 Sydneylearning Pty 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 Sydneylearning Pty 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 Higher Education Support Act 2003, enacted to provide a framework for supporting higher education and vocational education and training in Australia, was supplemented by the 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 in 2016. This legislative instrument addresses the issue of allowing vocational education and training (VET) providers to voluntarily withdraw from the VET FEE-HELP scheme, thereby providing flexibility and control to the providers. The instrument was issued under the authority of the Minister for Education and Training and aims to ensure that the revocation process is transparent and respects the rights of the affected parties. The revocation of Sydneylearning Pty Limited’s approval as a VET provider was executed in response to the provider's written request, ensuring compliance with the legal requirements for such revocations.
Scope and Application
The Higher Education Support Act 2003, specifically under subclause 39(1) of Schedule 1A, applies to entities that are approved as Vocational Education and Training (VET) providers for the purposes of VET FEE-HELP. In this case, the Act pertains to Sydneylearning Pty Limited, which voluntarily requested the revocation of its approval as a VET provider. The revocation process is administered by the Minister, who has delegated certain powers under subclauses 39(1) and 39(3) to Australian Public Service employees. The Act's jurisdiction extends federally, and the revocation notice is a legislative instrument under the Legislation Act 2003. Notably, the revocation affects only Sydneylearning Pty Limited, as evidenced by the absence of broader consultation, since the entity was the sole VET provider requesting revocation. This specific legislative instrument revokes the approval of Sydneylearning Pty Limited, effective from 16 May 2016, impacting its eligibility to offer VET FEE-HELP assistance to its students while leaving its capacity to deliver education and training intact.
Key Provisions
The main sections of the legislation (F2016L00615) relevant to the revocation of approval for Sydneylearning Pty Limited as a VET provider include subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003, which allows for the revocation of approval if the provider requests it in writing, and subclause 39(3) which mandates that the Minister must notify the provider of the revocation in writing at least 14 days before it takes effect. Subclause 39(4) specifies that such a notice of revocation is considered a legislative instrument. The Minister's authority to delegate these powers to certain Australian Public Service employees is outlined in paragraph 238-5(1)(b) of the Act.
The Act imposes specific obligations on Sydneylearning Pty Limited and the Minister. Sydneylearning Pty Limited must formally request in writing the revocation of its approval as a VET provider for VET FEE-HELP. The Minister, or their delegate, must then ensure that the provider is notified of the revocation at least 14 days before it becomes effective. This notification must also be in writing and constitutes a legislative instrument under the Legislation Act 2003.
Breaching the requirements set out in the Act could lead to legal consequences. While the specific offences, penalties, or consequences for non-compliance are not detailed in the text, the revocation process itself is stringent and legally binding. Failure to adhere to the legislative requirements for revocation could result in the provider still being held liable for obligations during the transition period or facing other legal repercussions as stipulated by the Act. The revocation of approval also affects the provider’s ability to offer VET FEE-HELP assistance to its eligible students, potentially impacting their operations and financial obligations.