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 Tertiary Education, Skills, Science and Research
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. Subclause39(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 subclause 39(1) and 39(3) of Schedule 1A to the Act to the position of General Manager of the Student Support Branch in the Tertiary Quality and Student Support Division of the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education.
Subclause 39(4) of Schedule 1A to the Act stipulates that a notice of revocation under subclause 39(3) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Purpose
This legislative instrument (the Instrument) revokes the approval of Careers Australia College of Healthcare Pty Ltd as a VET provider under subclause 39(1) of Schedule 1A to the Act.
Background
Careers Australia College of Healthcare Pty Ltd was approved as a VET provider on 16 July 2009 by Instrument of Approval No. 33 of 2009 was registered on the Federal Register of Legislative Instruments on 21 July 2009.
On 17 June 2013, Careers Australia College of Healthcare Pty Ltd requested in writing that its approval as a VET provider be revoked.
Commencement
The notice of revocation shall commence on 17 July 2013.
Consultation
Consultation was not undertaken and was not considered necessary as Careers Australia College of Healthcare Pty Ltd has voluntarily requested revocation of its approval as a VET provider for the purposes of VET FEE-HELP and Careers Australia College of Healthcare 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 Careers Australia College of Healthcare Pty Ltd as a VET provider for the purposes of the VET FEE-HELP under the Act. Under subsection 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 Careers Australia College of Healthcare 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 Careers Australia College of Healthcare 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 Careers Australia College of Healthcare 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 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 was enacted to address the specific scenario where an approved Vocational Education and Training (VET) provider voluntarily requests the revocation of its approval. This instrument was issued by the Minister for Tertiary Education, Skills, Science and Research, as per the delegation of powers under the Act. The primary policy objective is to ensure a streamlined process for the revocation of VET provider approvals when requested by the provider, thereby maintaining the integrity of the VET system and ensuring compliance with the Act. The revocation of approval for Careers Australia College of Healthcare Pty Ltd, as outlined in this instrument, was made in response to their written request on 17 June 2013, with the revocation taking effect from 17 July 2013. The notice of revocation is considered a legislative instrument under the Legislative Instruments Act 2003 and has been assessed for compatibility with human rights, affirming its alignment with the right to education as recognised in international instruments.
Scope and Application
The Higher Education Support Act 2003 (the Act), administered under the authority of the Minister for Tertiary Education, Skills, Science and Research, pertains to the revocation of approval for entities functioning as vocational education and training (VET) providers, specifically in the context of VET FEE-HELP. The Act applies to entities that have previously been granted approval as VET providers, and in this case, specifically addresses Careers Australia College of Healthcare Pty Ltd. The revocation process is outlined in subclause 39(1) of Schedule 1A to the Act, which mandates that the Minister revoke the approval of a body if it requests such action in writing. The revocation process includes notifying the entity at least 14 days prior to the effective date of the revocation, as stipulated in subclause 39(3) of Schedule 1A. The Minister’s authority under these subclauses has been delegated to the General Manager of the Student Support Branch in the Tertiary Quality and Student Support Division of the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education. This legislative instrument, which is subject to the Legislative Instruments Act 2003, is applicable within the Commonwealth jurisdiction, directly impacting the entity’s capacity to offer VET FEE-HELP assistance to its students.
Key Provisions
The key operative sections of this legislation, specifically F2013L01324, revolve around the revocation of approval for Careers Australia College of Healthcare Pty Ltd as a vocational education and training (VET) provider under the Higher Education Support Act 2003 (the Act). Section 39(1) of Schedule 1A to the Act allows for the revocation of approval if the provider requests it in writing, and Section 39(3) mandates that the Minister must notify the provider of this revocation at least 14 days before it takes effect. This revocation process is outlined in a legislative instrument for the purposes of the Legislative Instruments Act 2003, as stipulated in Section 39(4) of Schedule 1A to the Act.
The Act imposes specific obligations on Careers Australia College of Healthcare Pty Ltd, requiring it to formally request in writing the revocation of its approval as a VET provider. The Minister, through the General Manager of the Student Support Branch in the Tertiary Quality and Student Support Division of the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education, is tasked with processing this request and ensuring the provider is notified of the revocation. This delegation of powers is specified in paragraph 238-5(1)(b) of the Act. Additionally, the notice of revocation must be issued in accordance with the legislative instrument requirements, ensuring all legal and procedural standards are met.
In terms of consequences for non-compliance or breach, the legislation does not explicitly detail specific offences, penalties, or consequences. However, it is implicit that any failure to comply with the revocation process as outlined could potentially lead to legal challenges or administrative actions. Given the structured and formal nature of the legislative requirements, any breaches could result in the provider facing legal scrutiny or having to address administrative consequences to rectify the situation. The revocation itself, however, is a formal administrative process rather than a punitive measure, thus no specific penalties are stated within the text of this legislative instrument.