Higher Education Support Act 2003 - Revocation of Approval as a VET Provider (Albury Wodonga Community College Ltd)

Overview

The legislative instrument F2011L00875 pertains to the revocation of the approval of Albury Wodonga Community College Ltd (trading as the Australian College of Higher Education) as a VET provider under the Higher Education Support Act 2003 (HESA). Enacted to streamline the revocation process, this legislative instrument responds to the specific scenario where a vocational education and training provider requests the revocation of its approval. The Minister for Tertiary Education, Skills, Jobs and Workplace Relations has issued this instrument to address the problem of efficiently processing such requests, ensuring that the provider's approval can be revoked promptly when requested. The instrument provides for the revocation of the approval in accordance with subclause 39(1) of Schedule 1A of the HESA, allowing the Minister's delegate to act on the provider's written request. The notice of revocation, which is effective from 24 June 2011, follows the provider's application for revocation dated 21 April 2011.

Scope and Application

The Higher Education Support Act 2003 (HESA) governs the revocation of approval of entities as Vocational Education and Training (VET) providers, with the revocation process outlined in Schedule 1A. Specifically, Clause 39 allows for the revocation of approval on the written request of the entity itself, such as Albury Wodonga Community College Ltd, which was approved as a VET provider on 2 December 2010. This legislative instrument, F2011L00875, revokes the approval of Albury Wodonga Community College Ltd as a VET provider, following its request made on 21 April 2011. The revocation notice is effective from 24 June 2011, as stipulated by subclause 39(5) of Schedule 1A of HESA. The Minister for Tertiary Education, Skills, Jobs and Workplace Relations, through the Group Manager of the Tertiary Frameworks Group in the Department of Education, Employment and Workplace Relations, holds the authority to revoke such approvals, with the revocation notice considered a legislative instrument under the Legislative Instruments Act 2003. This revocation applies solely to Albury Wodonga Community College Ltd, and no consultation was necessary as the entity voluntarily requested the revocation.

Key Provisions

The main operative sections of this legislation are subclause 39(1) and subclause 39(3) of Schedule 1A of the Higher Education Support Act 2003 (HESA). Subclause 39(1) allows for the revocation of approval of a body as a VET provider if the body requests in writing that the Minister revoke its approval. Subclause 39(3) stipulates that a notice of revocation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. This legislative instrument specifically revokes the approval of Albury Wodonga Community College Ltd (trading as the Australian College of Higher Education) as a VET provider in response to their written request for revocation. The Act imposes certain obligations on parties governed by it. For instance, under section 238-5 of HESA, the Minister has delegated the power to revoke approval to the Group Manager of the Tertiary Frameworks Group in the Department of Education, Employment and Workplace Relations. Additionally, subclause 39(4) of Schedule 1A of HESA mandates that a notice of revocation be issued as a legislative instrument, which is then registered on the Federal Register of Legislative Instruments. The obligations extend to ensuring that any requests for revocation are processed in accordance with the legislative framework, and that the revocation is formally communicated as a legislative instrument. In terms of consequences for non-compliance or breach, the legislation does not explicitly outline specific offences or penalties for failing to comply with its provisions. However, given that the revocation process is formally documented as a legislative instrument, failure to adhere to the requirements could potentially lead to legal challenges or administrative actions. The revocation itself is a direct consequence of the body’s request, which is facilitated through the formal legislative instrument. The maximum penalties for any potential breaches would likely be determined by the broader legislative framework governing administrative and educational compliance in Australia, though these are not detailed within this specific legislative instrument.