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.
Overview
The Higher Education Support Act 2003 was enacted by the Parliament of Australia to provide a framework for the support of higher education and the administration of the FEE-HELP scheme. This legislation aimed to address the problem of ensuring that only eligible providers are able to participate in the FEE-HELP scheme, thereby protecting the interests of students and maintaining the integrity of the scheme. The Minister for Education, under delegation from the Minister for Higher Education, is responsible for revoking bodies as higher education providers if they no longer meet the necessary standards. The Explanatory Statement for F2014L00053 clarifies the Minister’s action to revoke Jansen Newman Institute Pty. Limited as a higher education provider due to its failure to remain a registered higher education provider under the Tertiary Education Quality Standards Agency Act 2011. This revocation ensures that only institutions meeting the required standards can participate in the FEE-HELP scheme, safeguarding students' access to higher education and the financial support it provides.
Scope and Application
The Higher Education Support Act 2003 provides the legislative framework for the revocation of a body's approval as a higher education provider by the Minister for Education. Specifically, section 22-2 of the Act mandates the revocation of a body's approval if it is no longer a registered higher education provider under the Tertiary Education Quality Standards Agency Act 2011. The Minister must then notify the body in writing of this revocation, as outlined in paragraph 22-2(1)(a) of the Act. The Minister's powers under these sections have been delegated to an appropriate Australian Public Service employee. The revocation and accompanying notice are considered legislative instruments, taking effect on the date of their registration on the Federal Register of Legislative Instruments. This particular legislative instrument revokes Jansen Newman Institute Pty. Limited as a higher education provider, impacting its ability to offer FEE-HELP assistance to its students, and is compatible with human rights as it does not extend FEE-HELP assistance beyond eligible students.
Key Provisions
The key provisions of this legislative instrument revolve around the revocation of Jansen Newman Institute Pty. Limited (ACN: 002 943 759 ABN: 94 002 943 759) as a higher education provider under the Higher Education Support Act 2003 (the Act). Section 22-2 of the Act allows the Minister to revoke a body’s approval as a higher education provider if it is no longer registered under the Tertiary Education Quality Standards Agency Act 2011. The instrument specifically revokes Jansen Newman Institute Pty. Limited’s approval and notifies them of this decision in writing, in accordance with subsection 22-2(2) of the Act. The Minister has delegated the power to administer these provisions to an APS employee as outlined in section 238-5 of the Act.
The obligations imposed by this Act on Jansen Newman Institute Pty. Limited include compliance with the registration requirements under the Tertiary Education Quality Standards Agency Act 2011. If the Institute fails to maintain its registration, it triggers the automatic revocation process outlined in section 22-2 of the Higher Education Support Act 2003. Upon revocation, the Institute loses its eligibility to offer FEE-HELP assistance, which is a critical financial support mechanism for students enrolled in higher education courses. The Institute must also comply with the notification requirement, ensuring they are informed of the revocation in writing.
Breaching the provisions of the Higher Education Support Act 2003 may have various consequences. Although the instrument itself does not specify offences or penalties, the Act generally provides for administrative and legal consequences for non-compliance. For example, continuing to offer FEE-HELP assistance after revocation could result in civil or criminal penalties, including fines or imprisonment. The specific penalties are not detailed in the instrument but would be in line with the general provisions of the Act. Additionally, the revocation impacts the Institute’s ability to operate as a higher education provider, which may have broader implications for its business operations and the students it serves.