EXPLANATORY STATEMENT
Revocation and Notice of Revocation under section 22-2 and paragraph 22-2(1)(a)
of the Higher Education Support Act 2003
Issued by the authority of the Minister for Education
Authority
Section 22‑2 of Higher Education Support Act 2003 (the Act) provides for the revocation of bodies as higher education providers by the Minister. Paragraph 22-2(1)(a) of the Act provides that the Minister must revoke a body’s approval as a higher education provider if the body is no longer a registered higher education provider under the Tertiary Education Quality Standards Agency Act 2011 and under sub-section 22-2(2) cause the provider to be notified in writing that the provider is no longer approved as a higher education provider under the Act.
Under section 238-5 of the Act the Minister has delegated his powers under section 22‑2 and paragraph 22‑2(1)(a) of the Act to an APS employee responsible for administering the Act.
Sub-section 22-2(3) of the Act stipulates that a notice of revocation under sub-section 22-2(2) of the Act is a legislative instrument.
Purpose
This instrument:
- revokes Jansen Newman Institute Pty. Limited (ACN: 002 943 759 ABN: 94 002 943 759) as a higher education provider under section 22-2 of the Act; and
- gives Jansen Newman Institute Pty. Limited notice of that revocation for the purposes of sub-section 22‑2(2) of the Act.
Commencement
In accordance with sub-section 22‑2(4) of the Act and paragraph 12(1)(a) of the Legislative Instruments Act 2003, the notice and the decision to revoke Jansen Newman Institute Pty. Limited as a higher education provider take effect on the day the notice is registered on the Federal Register of Legislative Instruments.
Consultation
Consultation was not undertaken and was not considered necessary in this case because the notice confers a benefit on Jansen Newman Institute Pty. Limited and this body is the only body affected by the notice. This notice will not have a direct or substantial indirect effect on business, nor will it restrict competition.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Notice of Revocation
This 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 paragraph 22-2(1)(a) and sub-section 22-2(3) of the Act. The purpose of the Instrument is to revoke Jansen Newman Institute Pty. Limited as a higher education provider for the purposes of FEE‑HELP assistance under the Act.
For the revocation of a higher education provider, the Minister must be satisfied that the body meets the conditions for automatic revocation that are set out in section 22‑2 of the Act.
Human rights implications
Right to education
The Instrument engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. In particular, this Instrument has an effect on the provision of education by Jansen Newman Institute Pty. Limited by revoking it as a higher education provider for the purposes of FEE‑HELP assistance under the Act, removing its ability to offer FEE-HELP assistance to its eligible students.
The objective of the Instrument is to revoke Jansen Newman Institute Pty. Limited as a higher education provider under the Act and thereby remove the ability of eligible students of Jansen Newman Institute Pty. Limited to access FEE‑HELP assistance for courses of study.
To the extent that the right to education is engaged, this right is promoted by the Instrument as the Instrument revokes Jansen Newman Institute Pty. Limited as a higher education provider, thereby not extending FEE‑HELP assistance and the availability of education to its eligible students.
Conclusion
This Instrument is compatible with human rights because it advances the protection of human rights.