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. 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 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) 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 Careers Australia Institute of Training Pty Ltd as a VET provider under subclause 39(1) of Schedule 1A to the Act.
Backgroun
Careers Australia Institute of Training Pty Ltd was approved as a VET provider on 18 March 2011 by Instrument of Approval No. 7 of 2011 and was registered on the Federal Register of Legislative Instruments on 24 March 2011.
On 17 June 2013, Careers Australia Institute of Training 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 Institute of Training Pty Ltd has voluntarily requested revocation of its approval as a VET provider for the purposes of VET FEE-HELP, and Careers Australia Institute of Training 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 Institute of Training 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 Careers Australia Institute of Training 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 Institute of Training 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 Institute of Training 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, enacted by the Parliament of Australia, addresses the need to regulate and provide support for higher education institutions, including vocational education and training (VET) providers. Specifically, it allows for the revocation of approval of a body as a VET provider if the body requests it in writing. This mechanism ensures that the approval process for VET providers can be managed effectively and that providers can opt out if necessary. The Act was introduced to streamline and standardise the approval process for VET providers, ensuring that only those meeting the required standards can offer VET FEE-HELP to their students. The policy objective is to maintain high standards within the vocational education sector while providing flexibility for providers to manage their participation in the scheme. The explanatory statement concerning the revocation of approval for Careers Australia Institute of Training Pty Ltd demonstrates how the Act’s provisions are applied in practice to address specific cases of provider de-registration.
Scope and Application
The legislative instrument F2013L01323, which revokes the approval of Careers Australia Institute of Training Pty Ltd as a Vocational Education and Training (VET) provider under subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003, applies specifically to this entity. The Act, operating under the Commonwealth of Australia, pertains to the revocation of approval for VET providers who voluntarily request it. This particular revocation is a result of a written request by Careers Australia Institute of Training Pty Ltd on 17 June 2013, with the revocation to take effect from 17 July 2013. The Minister for Tertiary Education, Skills, Science and Research, 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, has the authority to enact this revocation, as delegated under the Act. The revocation is a legislative instrument as specified under subclause 39(4) of Schedule 1A to the Act, and the Minister is mandated to notify the entity of the revocation in writing at least 14 days prior to its effective date.
Key Provisions
The main operative sections of this legislative instrument (the Instrument) under subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003 (the Act) pertain to the revocation of approval of Careers Australia Institute of Training Pty Ltd as a VET provider for the purposes of VET FEE-HELP. Subclause 39(1) of the Act allows for the revocation of a body's approval if that body requests it in writing. Subclause 39(3) requires the Minister to notify the body of the revocation at least 14 days before it takes effect, while subclause 39(4) specifies that such a notice is a legislative instrument under the Legislative Instruments Act 2003. In this instance, the Minister has delegated their powers 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.
The Act imposes several obligations and requirements on the parties it governs. Firstly, it mandates that any VET provider, such as Careers Australia Institute of Training Pty Ltd, must request in writing the revocation of their approval if they no longer wish to be approved. This written request must be submitted to the Minister or the delegated authority. The Minister, or the delegated authority, must then notify the provider of the revocation in writing at least 14 days before the revocation takes effect. The revocation notice itself is considered a legislative instrument and must be registered on the Federal Register of Legislative Instruments. Additionally, the Minister must ensure that the process for revocation is transparent and that the provider is given adequate notice, as stipulated by the Act.
Under the Act, breaches or non-compliance with the requirements for revocation can lead to civil or criminal consequences. However, the specific text provided does not detail any particular offences, penalties, or consequences related to the revocation process itself. It is important to note that while the Act does not specify penalties for the revocation process, other sections of the Act and related legislation may contain provisions regarding penalties for broader non-compliance with VET requirements. The revocation of approval does not impose any direct penalties on the provider, but it does result in the cessation of their eligibility to offer VET FEE-HELP assistance to their students. The consequences of this are primarily financial and operational, as the provider will no longer be able to participate in the VET FEE-HELP scheme.