Higher Education Support Act 2003 - Revocation of Approval as a Higher Education Provider (Institute of Counselling Incorporated)

Overview

The Higher Education Support Act 2003 was enacted to provide a framework for the support of higher education in Australia, addressing issues such as the regulation and approval of higher education providers. Under the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, the Act enables the revocation of a provider’s approval if the provider requests it in writing. The policy objective here is to ensure that only institutions meeting the necessary standards and criteria are approved to offer higher education services. The Minister has delegated specific powers to the Branch Manager of the Tertiary Student Support Branch in the Skills Group of the Department of Education, Employment and Workplace Relations, ensuring that the revocation process is handled efficiently and in accordance with legislative requirements. This legislative instrument revokes the approval of the Institute of Counselling Incorporated as a higher education provider, following their request for revocation on 17 October 2011. The revocation notice will take effect on 22 March 2012, as mandated by the Act.

Scope and Application

The Higher Education Support Act 2003 governs the provision of higher education in Australia and includes provisions for the approval and revocation of higher education providers. Under subsection 22-40(1) of the Act, the Minister can revoke the approval of a body as a higher education provider if the body requests such revocation in writing. This Act applies to entities that have been approved as higher education providers, such as the Institute of Counselling Incorporated in this instance. The Act's jurisdiction extends across the Commonwealth of Australia. The Explanatory Statement indicates that no consultation was necessary as the revocation request was made voluntarily by the affected entity, which was the sole provider impacted. The revocation notice is a legislative instrument under the Legislative Instruments Act 2003, and the Minister has delegated relevant powers to the Branch Manager of the Tertiary Student Support Branch in the Skills Group of the Department of Education, Employment and Workplace Relations. The revocation of the Institute of Counselling Incorporated's approval took effect from 22 March 2012, as specified in the notice issued pursuant to subsection 22-40(3) of the Act.

Key Provisions

The key operative sections of this legislation are subsections 22-40(1) and 22-40(3) of the Higher Education Support Act 2003 (the Act). Subsection 22-40(1) allows for the revocation of approval of a body as a higher education provider if the body requests in writing that the Minister revoke its approval. Subsection 22-40(3) requires the Minister to notify the body of the revocation in writing at least 14 days before the revocation takes effect. Section 238-5 of the Act further delegates the Minister's powers under these subsections to the Branch Manager of the Tertiary Student Support Branch in the Skills Group of the Department of Education, Employment and Workplace Relations. Additionally, subsection 22-40(3A) specifies that a notice of revocation under subsection 22-40(3) is a legislative instrument for the purposes of the Legislative Instruments Act 2003. The Act imposes certain obligations and requirements on the parties involved. The Minister, or the delegate as specified in section 238-5, must process a written request for revocation from a body approved as a higher education provider. Once the request is received, the Minister or delegate must notify the requesting body of the revocation in writing at least 14 days prior to the effective date of the revocation. This notification must be made in accordance with subsection 22-40(3) and must be documented as a legislative instrument under subsection 22-40(3A). The legislation also outlines specific offences and penalties, although the Explanatory Statement does not detail any penalties for non-compliance with the Act's requirements regarding revocation of approval. However, it is understood that failure to comply with the Act’s provisions could potentially result in legal consequences for the Minister or delegate, including judicial review if the revocation process is not followed correctly. The Explanatory Statement does not mention any maximum penalties, implying that such details might be found elsewhere in the Higher Education Support Act 2003 or related legislation. The notice of revocation, which comes into effect on 22 March 2012, formally ends the approval of the Institute of Counselling Incorporated as a higher education provider. This revocation follows the Institute's voluntary written request on 17 October 2011, in accordance with subsection 22-40(1). The process highlights the legislative framework designed to ensure that the revocation of approval is communicated clearly and complies with statutory requirements.