EXPLANATORY STATEMENT
Notice of revocation of approval under section 22-20 of the Higher Education Support Act 2003
Issued by the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations
Subject: Higher Education Support Act 2003 (HESA)
Revocation of approval of a body as a higher education provider under section
22-10(3) of HESA
Notice of revocation of approval under subsection 22-20(3) of HESA
Authority
Section 22-10(3) of the Higher Education Support Act 2003 (HESA) provides for the revocation of approval of a body as a higher education provider by the Minister if the body was a non
self-accrediting entity at the last time the body became a higher education provider; and since that time, the body has ceased to be a non self-accrediting entity.
Subsection 22-25(1)(b) of HESA provides for a determination by the Minister that revocation of a body’s approval as a higher education provider is of no effect for the purposes of assistance payable to the body’s students who have not completed the courses of study in which they were enrolled with the body on the day specified in the notice of revocation of approval under subsection 22-20(5)(a) of HESA.
Under section 238-5 of HESA the Minister has delegated his powers under section 22-10(3) and subsection 22-25(1)(b) of HESA to any person holding the position of Branch Manager of the Tertiary Student Support Branch in the Skills Group of the Department of Education, Employment and Workplace Relations.
Subsection 22-35(1) of HESA stipulates that a notice of revocation under section 22-20(3) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Purpose
The Minister considered the written submission made by East Coast Gestalt Training Incorporated on
12 August 2011, in making the decision to revoke the body’s approval as a higher education provider, in accordance with subsection 22-20(2) of HESA.
This legislative instrument revokes the approval of East Coast Gestalt Training Incorporated as a higher education provider under section 22-10(3) of HESA as the body has ceased to be a non self-accrediting entity.
This legislative instrument also includes a determination made by the Minister under subsection
22-25(1)(b), that this notice of revocation is of no effect for the purposes of assistance payable to the body’s students, who have not completed the courses of study in which they were enrolled with the body, on the date to which this revocation is to take effect.
Background
East Coast Gestalt Training Incorporated was approved by the Minister as a non self-accrediting higher education provider on 8 February 2005, by Instrument of Approval No 2 of 2005 registered on the Federal Register of Legislative Instruments on 11 February 2005 (F2005L00273).
Subsection 16-25(b)(iii) of HESA provides that the Minister may approve a body corporate as a higher education provider if the body is a non self-accrediting entity. Schedule 1 of HESA defines a non
self-accrediting entity as a body corporate that is listed on the Australian Qualifications Framework Register.
East Coast Gestalt Training Incorporated has ceased to be a non self-accrediting entity as the body’s name has ceased to be included in the Australian Qualification Framework Register.
Commencement
In accordance with subsection 22-20(5)(a) of HESA, a notice issued by the Minister to revoke a body’s approval as a higher education provider must include the date to which the revocation is to take effect.
This notice of revocation shall commence on 22 November 2011.
Consultation
External consultation was not undertaken and was not considered necessary as East Coast Gestalt Training Incorporated is the only body that is having its approval as a higher education provider revoked by this instrument, and therefore is the only body affected by this instrument.
The Minister has complied with the requirements of section 22-20 of HESA in affording the body procedural fairness.