EXPLANATORY STATEMENT
Notice of revocation of approval as a provider under clause 29B of Schedule 1A to the Higher Education Support Act 2003
Issued by the authority of the Minister for Education and Training
Authority
Subclause 29B(1) of Schedule 1A to the Higher Education Support Act 2003 (the Act) requires that the Minister must revoke the approval of that body if the body ceases to be listed as a registered training organisation on the National Register maintained in accordance with section 216 of the National Vocational Education and Training Regulator Act 2011.
The Australian Institute of Holistic Medicine Pty Ltd ceased to be listed as a registered training organisation on the National Register on 30 November 2015, that registration having been cancelled with the consent of the Australian Institute of Holistic Medicine Pty Ltd.
The decision to cancel the registration of the Australian Institute of Holistic Medicine Pty Ltd has not been set aside or quashed, and is not subject to review.
Under paragraph 238-5(1)(b) of the Act, the Minister has delegated his powers under subclauses 29B(1) and 29B(2) of Schedule 1A to the Act to an APS employee responsible for administering the Act.
Subclause 29B(3) of Schedule 1A to the Act stipulates that a notice of revocation under subclause 29B(2) 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 the Australian Institute of Holistic Medicine Pty Ltd as a VET provider under subclause 29B(1) of Schedule 1A to the Act.
Background
The Australian Institute of Holistic Medicine Pty Ltd was approved by the Minister’s delegate as a VET provider on 26 June 2009 by Instrument of Approval No. 17 of 2009 and registered on the Federal Register of Legislation No F2009L02592 on 26 June 2009.
Commencement
The notice of revocation shall commence on the day the notice is registered on the Federal Register of Legislation.
Consultation
Consultation was not undertaken and was not considered necessary as the revocation of the approval as a VET provider of the Australian Institute of Holistic Medicine Pty Ltd is for the purposes of VET FEE‑HELP, and the Australian Institute of Holistic Medicine 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 29B(2) of the Act. The purpose of the Instrument is to revoke the approval of the Australian Institute of Holistic Medicine Pty Ltd as a VET provider for the purposes of VET FEE-HELP under the Act. Subclause 29B(1) of Schedule 1A to the Act provides that the Minister must revoke a body’s approval as a VET provider if the body ceases to be listed as a registered training organisation on the National Register maintained in accordance with section 216 of the National Vocational Education and Training Regulator Act 2011.
The Australian Institute of Holistic Medicine Pty Ltd ceased to be listed as a registered training organisation on the National Register on 30 November 2015, that registration having been cancelled with the consent of the Australian Institute of Holistic Medicine Pty Ltd.
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 the Australian Institute of Holistic Medicine 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 the Australian Institute of Holistic Medicine Pty Ltd as a VET provider for the purposes of VET FEE-HELP under the Act. However the right is unaffected as the Australian Institute of Holistic Medicine Pty Ltd does not have approval to deliver education and training to students as a registered training organisation.
Conclusion
This Instrument is compatible with human rights because it does not affect the protection of human rights.