Higher Education Support Act 2003 - Revocation of Approval as a VET Provider (Australian Institute of Holistic Medicine Pty Ltd)

Administered by Department of Education

Legislation au F2016L00502 Not in force Legislative Instrument

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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.

Overview

The Notice of Revocation of Approval as a Provider under clause 29B of Schedule 1A to the Higher Education Support Act 2003 was issued to address the revocation of the approval of the Australian Institute of Holistic Medicine Pty Ltd as a provider for the purposes of VET FEE-HELP. This was enacted to ensure compliance with the Act’s requirements that the Minister must revoke a body’s approval if it ceases to be listed as a registered training organisation on the National Register. This legislative instrument was introduced by the Minister for Education and Training and aims to maintain the integrity of the vocational education and training sector by ensuring that only entities meeting the necessary standards can provide education and training to students. The revocation was necessary following the cancellation of the Institute's registration with the consent of the Institute itself, ensuring that the decision was final and not subject to review.

Scope and Application

This legislative instrument, made under the Higher Education Support Act 2003, concerns the revocation of approval of the Australian Institute of Holistic Medicine Pty Ltd as a provider of vocational education and training (VET) for the purposes of VET FEE-HELP. The Act applies to entities providing VET that are approved as providers under the Act and seeks to ensure that only entities meeting the requisite standards are eligible to participate in the VET FEE-HELP scheme. The Minister for Education and Training has the authority to revoke approval of a provider if they cease to be listed as a registered training organisation on the National Register, a condition that has occurred with the Australian Institute of Holistic Medicine Pty Ltd. The revocation is a direct consequence of the entity’s cancellation of registration, which was agreed upon by the Australian Institute of Holistic Medicine Pty Ltd itself and is not subject to further review. This legislative instrument is compatible with human rights as it does not infringe upon the right to education, considering the entity’s approval status and registration had already been terminated.

Key Provisions

The key provisions of this legislative instrument (the Instrument) revolve around the revocation of the approval of the Australian Institute of Holistic Medicine Pty Ltd as a Vocational Education and Training (VET) provider. According to subclause 29B(1) of Schedule 1A to the Higher Education Support Act 2003 (the Act), the Minister is mandated to revoke the approval of a body if it ceases to be listed as a registered training organisation on the National Register under section 216 of the National Vocational Education and Training Regulator Act 2011. In this instance, the Australian Institute of Holistic Medicine Pty Ltd's registration was cancelled on 30 November 2015, leading to the revocation of its approval as a VET provider for the purposes of VET FEE-HELP. The obligations imposed on the parties governed by this Act include the requirement for the Minister to revoke the approval of a VET provider if it ceases to be listed as a registered training organisation on the National Register. This requirement is explicitly stated in subclause 29B(1) of Schedule 1A to the Act. Additionally, the Minister has delegated his powers under subclauses 29B(1) and 29B(2) of Schedule 1A to an Australian Public Service (APS) employee responsible for administering the Act. This delegation ensures that the revocation process is carried out by a designated official, as per subclause 29B(2) of Schedule 1A to the Act. In terms of penalties and consequences for breach, subclause 29B(3) of Schedule 1A to the Act stipulates that a notice of revocation under subclause 29B(2) is a legislative instrument for the purposes of the Legislative Instruments Act 2003. While the Instrument itself does not specify penalties for non-compliance, the revocation of approval effectively removes the Australian Institute of Holistic Medicine Pty Ltd's eligibility to offer VET FEE-HELP assistance to its students. This has significant implications for the institution's ability to provide education and training services, as it is no longer recognised as a VET provider under the Act. The cancellation of the registration is final, and no review or appeal is possible, as confirmed by the statement that the decision has not been set aside, quashed, or subjected to review.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.