Higher Education Support Act 2003 - Revocation of Approval as a Higher Education Provider (No. 1 of 2007)

Overview

The Notice of Revocation of approval as a higher education provider under the Higher Education Support Act 2003 (HESA) was enacted in 2007 to address the specific situation where an approved higher education provider (HEP) ceases to exist. This legislative instrument, issued by the authority of the Minister for Education, Science and Training, revokes the approval of the International College of Hotel Management Incorporated, which lawfully dissolved under the Associations Incorporation Act 1985 (SA). The revocation is grounded in subsection 16-50(1) of the HESA and subsection 33(3) of the Acts Interpretation Act 1901 (AIA), allowing the Minister to rescind or revoke an approval when the HEP ceases to exist, a circumstance not explicitly covered in Division 22 of the HESA. This notice is registered on the Federal Register of Legislative Instruments, and the Minister has delegated her powers under subsection 16-50(1) of the HESA. The revocation is effective from the day after its registration on the Federal Register of Legislative Instruments, in accordance with the Legislative Instruments Act 2003.

Scope and Application

The Notice of Revocation of approval as a higher education provider, issued under the Higher Education Support Act 2003 (HESA) and the Acts Interpretation Act 1901 (AIA), applies specifically to the International College of Hotel Management Incorporated, which was previously approved as a higher education provider (HEP) on 6 May 2005. This revocation arises from the lawful dissolution of the College's incorporation under the Associations Incorporation Act 1985 (SA) on 5 April 2007, leading to its cessation of existence. The Minister for Education, Science and Training has exercised her powers to revoke the approval granted to this entity. This legislative instrument is registered on the Federal Register of Legislative Instruments and comes into effect on the day following its registration, as stipulated by the Legislative Instruments Act 2003. Notably, no consultation was deemed necessary due to the entity's non-existence at the time of revocation.

Key Provisions

The Notice of Revocation of approval as a higher education provider, issued under the authority of the Minister for Education, Science and Training, serves to revoke the approval previously granted to the International College of Hotel Management Incorporated (ICOHM) as a higher education provider (HEP) under the Higher Education Support Act 2003 (HESA). This revocation is enacted pursuant to subsection 16-50(1) of the HESA and subsection 33(3) of the Acts Interpretation Act 1901 (AIA). The ICOHM was initially approved as a HEP on 6 May 2005 by an Instrument of Approval (No 6 of 2005). However, the college ceased to exist following the lawful dissolution of its incorporation under the Associations Incorporation Act 1985 (SA) on 5 April 2007. Consequently, the present notice revokes the approval given to the ICOHM as it no longer exists as a legal entity. Under the terms of this Notice of Revocation, the Minister’s earlier approval of the ICOHM as a HEP is officially withdrawn. This means that the ICOHM can no longer operate as a higher education provider, and its status under the HESA is terminated. The obligations imposed by the HESA on the ICOHM as a HEP, including compliance with educational standards, student services, and financial requirements, are thus nullified. The revocation also entails that any previously granted rights or privileges associated with the approval, such as access to certain government funding and recognition under the HESA, are withdrawn. The Notice imposes several key requirements on the ICOHM and other relevant parties. Firstly, it mandates that the ICOHM cease all operations that are permitted under its approval as a HEP. This includes discontinuing the provision of educational services, ceasing the enrolment of new students, and ensuring that any ongoing educational activities are wound down in an orderly manner. Additionally, the ICOHM must comply with any final reporting or documentation requirements as stipulated by the HESA. The Minister’s decision is final, and no further appeals or reviews are permitted under this Notice. Breaching the provisions of this Notice could lead to various consequences. While the Notice itself does not explicitly outline specific offences or penalties, failure to comply with the revocation and cessation of operations may result in legal actions under the HESA or other applicable legislation. For instance, continuing to operate as a HEP after revocation could potentially lead to penalties under the HESA, including fines or other administrative actions. Furthermore, if the ICOHM or its representatives engage in activities that mislead students or the public about the college’s status, they may face additional legal consequences for misrepresentation or consumer protection violations.