EXPLANATORY STATEMENT
Notice of revocation of approval under section 22-40 of the Higher Education Support Act 2003
Issued by the authority of the Minister for Education
Subject: Higher Education Support Act 2003 (HESA)
Revocation of approval of a body as a higher education provider (HEP) and notice of revocation of approval under subsection 22-40(3) of HESA
AUTHORITY
Section 22-40 of HESA provides for the revocation of approval of a body as a HEP by the Minister if the body requests in writing that the Minister revoke the approval.
Under section 238-5 of HESA the Minister has delegated her powers under section 22-40 and paragraph 22-40(3)(b) of HESA to any person holding the position of Branch Manger of the Quality Branch in the Higher Education Group of the Department of Education, Employment and Workplace Relations.
The Notice of revocation of approval is a legislative instrument.
PURPOSE
This legislative instrument revokes the approval of Shafston Institute of Technology Pty Ltd as a HEP under section 22-40 of HESA. The instrument also gives Shafston Institute of Technology Pty notice of that revocation of approval as required by paragraph 22-40(3)(b) of HESA.
BACKGROUND
Shafston Institute of Technology Pty Ltd was approved by the Minister’s delegate as a HEP on 21 December 2005 by Instrument of Approval No 15 of 2005 registered on the Federal Register of Legislative Instruments on 23 December 2005 (F2005L04241) and which took effect on 14 June 2006.
Shafston Institute of Technology Pty Ltd has ceased to offer higher education courses and on 19 March 2010 Shafston Institute of Technology Pty Ltd requested in writing that the Minister revoke its approval as a HEP to take effect from 23 April 2010.
COMMENCEMENT
The notice of revocation shall commence on 23 April 2010.
CONSULTATION
Consultation was not undertaken and was not considered necessary because Shafston Institute of Technology Pty Ltd has voluntarily applied for revocation of its approval as a HEP.
Overview
The Higher Education Support Act 2003 (HESA) was enacted to provide a legislative framework for the regulation of higher education providers in Australia, ensuring the quality and integrity of higher education services. The Act addresses the need for oversight and quality assurance in the provision of higher education courses and services, aiming to maintain standards and protect students. Enacted by the Australian Parliament, HESA establishes the mechanisms for approving and monitoring higher education providers, including the revocation of approval when necessary. This explanatory statement outlines the revocation of Shafston Institute of Technology Pty Ltd's approval as a higher education provider, following a written request from the entity itself, effective from 23 April 2010. The revocation was carried out by the Minister for Education, exercising powers delegated under section 22-40 of HESA to a Branch Manager of the Quality Branch within the Higher Education Group of the Department of Education, Employment and Workplace Relations. This revocation ensures compliance with the statutory requirements for the administration and oversight of higher education providers in Australia.
Scope and Application
The Higher Education Support Act 2003 (HESA) applies to entities that are approved as higher education providers (HEP) within Australia. Specifically, this legislation pertains to the revocation of approval for such entities, allowing the Minister for Education, through delegated authority, to revoke the approval of a body if it requests such revocation in writing. The revocation process under section 22-40 of HESA involves issuing a legislative instrument, such as the Notice of revocation of approval, which formally communicates the decision to the entity concerned. In this instance, the Act targets Shafston Institute of Technology Pty Ltd, revoking its approval as a HEP following the entity’s written request dated 19 March 2010, effective from 23 April 2010. The jurisdictional reach of this Act is national, applying across Australia, and is enforced by the Department of Education, Employment and Workplace Relations. The revocation process is streamlined and direct, bypassing the need for consultation as the entity has voluntarily sought the revocation of its approval.
Key Provisions
The main operative sections of the legislative instrument under the Higher Education Support Act 2003 (HESA) are sections 22-40 and 22-40(3). Section 22-40 allows the Minister to revoke the approval of a body as a higher education provider (HEP) if the body requests such revocation in writing. Section 22-40(3) mandates that the Minister must provide the body with a notice of revocation. These sections empower the Minister or their delegate to formally revoke the approval of Shafston Institute of Technology Pty Ltd as a HEP and to notify the body of this revocation.
The obligations imposed by the Act on Shafston Institute of Technology Pty Ltd include submitting a written request to the Minister for the revocation of its approval as a HEP. Once this request is received, the Minister, or their delegate, must proceed to revoke the approval and issue a formal notice of revocation to the body. This process ensures transparency and legal compliance in the revocation of approval. The Act also requires that the Minister’s delegate, who holds the position of Branch Manager of the Quality Branch in the Higher Education Group of the Department of Education, Employment and Workplace Relations, carries out these actions in accordance with the Act.
The legislative instrument does not specify any offences, penalties, or consequences for breach in this context. It primarily focuses on the procedural requirements for revoking the approval of a HEP and notifying the relevant body of this action. As such, there are no stipulated maximum penalties or civil/criminal consequences mentioned in the instrument regarding the revocation of approval. The primary focus is on the orderly and lawful revocation process in compliance with the Act.