EXPLANATORY STATEMENT
Notice of revocation of approval as a provider on request by the provider under subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003
Issued by the authority of the Minister for Education
Authority
Subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003 (the Act) provides for the revocation of approval of a body as a VET provider by the Minister if the body requests in writing that the Minister revoke its approval. Subclause 39(3) of Schedule 1A to the Act specifies that the Minister must cause the body to be notified of the revocation in writing at least 14 days before the day on which the revocation is to take effect.
Under paragraph 238-5(1)(b) of the Act, the Minister has delegated his powers under subclauses 39(1) and 39(3) of Schedule 1A to the Act to an APS employee responsible for administering the Act.
Subclause 39(4) of Schedule 1A to the Act stipulates that a notice of revocation under subclause 39(3) of Schedule 1A to the Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Purpose
This legislative instrument (the Instrument) revokes the approval of Australian College of the Arts Pty Ltd as a VET provider under subclause 39(1) of Schedule 1A to the Act.
Background
Australian College of the Arts Pty Ltd was approved by the Minister’s delegate as a VET provider on 20 January 2011 by Instrument of Approval No. 4 of 2011 and registered on the Federal Register of Legislative Instruments No F2011L00154 on the 25 January 2011.
On 6 June 2014, Australian College of the Arts Pty Ltd requested in writing that its approval as a VET provider be revoked.
Commencement
The notice of revocation shall commence on 1 August 2014.
Consultation
Consultation was not undertaken and was not considered necessary as Australian College of the Arts Pty Ltd has voluntarily requested revocation of its approval as a VET provider for the purposes of VET FEE‑HELP, and Australian College of the Arts Pty Ltd is the only VET provider affected by the Instrument.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Notice of Revocation of approval as a provider on application
The 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 subclause 39(1) of the Act. The purpose of the Instrument is to revoke the approval of Australian College of the Arts Pty Ltd as a VET provider for the purposes of
VET FEE-HELP under the Act. Under subclause 39(1) of Schedule 1A to the Act an approved VET provider must request in writing that their approval be revoked.
Human rights implications
The Instrument engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. In particular, the Instrument has an effect on the provision of vocational education and training by Australian College of the Arts Pty Ltd as it revokes its approval as a VET provider for the purposes of VET FEE-HELP under the Act, removing its ability to offer VET FEE-HELP assistance to its eligible students.
The right to education is engaged, as the Instrument removes the approval of Australian College of the Arts Pty Ltd as a VET provider for the purposes of VET FEE-HELP under the Act. However the right is unaffected as it does not remove Australian College of the Arts Pty Ltd’s approval to deliver education and training to students.
Conclusion
This Instrument is compatible with human rights because it does not affect the protection of human rights.
Overview
The Higher Education Support Act 2003 (HESA) was enacted to provide a framework for supporting the higher education sector in Australia. One of its purposes is to ensure that vocational education and training (VET) providers meet certain standards and are appropriately approved to deliver education and training to students. This legislation allows for the revocation of a provider's approval under specific circumstances, ensuring that only those providers who meet the required standards are eligible to participate in government-supported schemes such as VET FEE-HELP. The Act was enacted by the Commonwealth Parliament and is administered by the Minister for Education, with certain powers delegated to Australian Public Service employees. The policy objective is to maintain the quality and integrity of the VET sector by ensuring that only approved providers can offer VET FEE-HELP assistance to their students.
Scope and Application
The F2014L00966 legislative instrument, issued under subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003, pertains specifically to the revocation of approval for Australian College of the Arts Pty Ltd as a VET provider, following the entity's written request for revocation. The revocation, as stipulated in the Act, applies solely to the VET FEE-HELP scheme and does not affect the institution's general approval to deliver education and training. The Minister for Education, delegating authority to an appropriate Australian Public Service employee, is responsible for administering the Act and issuing the revocation notice at least 14 days prior to its effective date. The revocation is a legislative instrument under the Legislative Instruments Act 2003, and it engages with the right to education as outlined in Article 13 of the International Covenant on Economic, Social, and Cultural Rights, by removing the institution's ability to offer VET FEE-HELP assistance to its eligible students, while not impacting its broader educational mandate.
Key Provisions
The key provisions of this legislative instrument (F2014L00966) relate to the revocation of the approval of Australian College of the Arts Pty Ltd as a Vocational Education and Training (VET) provider under subclause 39(1) of Schedule 1A of the Higher Education Support Act 2003 (the Act). Under subclause 39(1), an approved VET provider must request in writing that their approval be revoked. The Minister has the authority to revoke the approval if such a request is made. The Minister must notify the provider in writing of the revocation at least 14 days before it takes effect, as specified in subclause 39(3). The powers of the Minister under subclauses 39(1) and 39(3) have been delegated to an Australian Public Service (APS) employee responsible for administering the Act. This revocation notice is considered a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The obligations imposed on the parties governed by this Act include the requirement for the Australian College of the Arts Pty Ltd to submit a written request to the Minister if it wishes to have its approval as a VET provider revoked. The Minister or their delegate must then provide written notification of the revocation to the provider at least 14 days before the revocation takes effect. Furthermore, the Minister must ensure that the revocation is formally documented as a legislative instrument, consistent with the requirements of the Legislative Instruments Act 2003. The APS employee responsible for administering the Act must also ensure that the revocation process is conducted in accordance with the provisions of the Act and any relevant legislative instruments.
There are no explicit offences, penalties, or civil/criminal consequences outlined in the legislative instrument for the failure to comply with the Act's requirements. However, the revocation of approval as a VET provider has significant implications for the Australian College of the Arts Pty Ltd, as it removes the institution's eligibility to offer VET FEE-HELP assistance to its students. This revocation does not affect the institution's approval to deliver education and training to students, but it does remove its ability to participate in the VET FEE-HELP scheme under the Act. The legislative instrument states that it is compatible with human rights, as it does not affect the protection of human rights, including the right to education.