EXPLANATORY STATEMENT
Notice of revocation of approval as a provider under clause 29B(1)(a) of Schedule 1A to the
Higher Education Support Act 2003
Issued by the authority of the Minister for Education
Authority
Clause 29B 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 ceases to be listed as a registered training organisation on the National Register.
Under paragraph 238(5)(1)(b) of the Act, the Minister has delegated his powers under clause 29B 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, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the notice.
Purpose
This legislative instrument (the Instrument) revokes the approval of Carrick Institute of Education Pty Ltd as a VET provider under paragraph 29B(1)(a) of Schedule 1A to the Act.
Background
Carrick Institute of Education Pty Ltd was approved by the Minister’s delegate as a VET provider on 29 June 2009 by Instrument of Approval No. 19 of 2009 and registered on the Federal Register of Legislative Instruments on 2 July 2009 (F2009L02656), which took effect on 11 August 2009.
Paragraph 29B(1)(a) of Schedule 1A to the Act provides that the Minister may revoke a body’s approval as a VET provider if the body ceases to be a registered training organisation as listed on the National Register.
Carrick Institute of Education Pty Ltd’s registration on the National Register was cancelled on 4 September 2013 and it is no longer registered.
Commencement
In accordance with clause 29B(2) of Schedule 1A to the Act, the revocation of Carrick Institute of Education Pty Ltd’s approval as a VET provider will take effect on the day that the notice is registered on the Federal Register of Legislative Instruments.
Consultation
Consultation was not undertaken and was not considered necessary as Carrick Institute of Education Pty Ltd has voluntarily de-registered as a training organisation on the national register, and Carrick Institute of Education 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
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 clause 29B of Schedule 1A to the Act. The purpose of the Instrument is to revoke Carrick Institute of Education Pty Ltd as a VET provider for the purposes of the VET FEE‑HELP under the Act. For automatic revocation as a VET Provider the Minister must be satisfied that the body meets the requirements of paragraph 29B(1)(a) of Schedule 1A to the Act.
Human rights implications
The Instrument engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. This Instrument has no effect on the provision of vocational education and training by Carrick Institute of Education Pty Ltd as it is no longer a registered training organisation and has no students enrolled. This instrument revokes its approval as a VET provider for the purposes of the VET FEE-HELP under the Act, as removing its ability to offer VET FEE-HELP assistance is consistent with the decision by Carrick Institute of Education Pty Ltd to cease to provide training courses and all previously enrolled students were transferred to ongoing institutions to continue their studies.
The right to education is engaged, as the Instrument removes Carrick Institute of Education Pty Ltd as a VET provider for the purposes of VET FEE-HELP under the Act.
Conclusion
This Instrument is compatible with human rights because it advances the protection of human rights.
Overview
The Higher Education Support Act 2003, enacted by the Parliament of Australia, was introduced to provide a framework for the provision of financial assistance to students in higher education, and to regulate the vocational education and training (VET) sector. The Act aimed to address the need for a structured approach to the delivery of higher education and vocational training, ensuring quality and accountability within the sector. One aspect of this regulation is the ability of the Minister for Education to revoke the approval of a body as a VET provider under specific circumstances, such as when the body ceases to be listed as a registered training organisation on the National Register. The policy objective of this provision is to maintain the integrity and quality of the VET sector by ensuring that only approved and compliant entities can participate in the VET FEE-HELP scheme.
Scope and Application
The explanatory statement pertains to the revocation of Carrick Institute of Education Pty Ltd’s approval as a VET provider under clause 29B(1)(a) of Schedule 1A to the Higher Education Support Act 2003. This Act applies specifically to entities that have been approved as providers of vocational education and training (VET) under the VET FEE-HELP scheme. The revocation of Carrick Institute of Education Pty Ltd’s approval is due to its deregistration as a training organisation on the National Register, which occurred on 4 September 2013. The revocation takes effect on the day the notice is registered on the Federal Register of Legislative Instruments. The Minister for Education has delegated the power to revoke the approval to an Australian Public Service employee responsible for administering the Act, as per paragraph 238(5)(1)(b) of the Act. The revocation is a legislative instrument exempt from the disallowance provisions of the Legislative Instruments Act 2003. The revocation does not extend to any other entities, as Carrick Institute of Education Pty Ltd is the only VET provider affected by this particular legislative instrument.
Key Provisions
The main operative sections of the Instrument include clause 29B of Schedule 1A to the Higher Education Support Act 2003 (the Act) which allows for the revocation of approval of a body as a vocational education and training (VET) provider by the Minister if the body ceases to be listed as a registered training organisation on the National Register (subsection 29B(1)(a)). The revocation of Carrick Institute of Education Pty Ltd’s approval as a VET provider under this clause is specifically detailed and takes effect on the day the notice is registered on the Federal Register of Legislative Instruments (subsection 29B(2)). The Minister’s power to revoke this approval has been delegated to an Australian Public Service (APS) employee responsible for administering the Act, as per paragraph 238(5)(1)(b) of the Act (subsection 29B(3)).
The Act imposes several obligations and requirements on the parties it governs. Specifically, Carrick Institute of Education Pty Ltd must ensure it remains listed as a registered training organisation on the National Register to maintain its approval as a VET provider. If the Institute ceases to be a registered training organisation, the Minister may automatically revoke its approval under clause 29B of Schedule 1A to the Act. Additionally, the Minister’s delegate, who has the authority to administer the Act, must ensure that the revocation process is carried out as per the requirements of the Act. The Minister must also ensure that any revocation notices are properly documented and registered on the Federal Register of Legislative Instruments.
The Instrument includes provisions for potential offences, penalties, and consequences for breaches. While the Instrument itself does not specify particular offences or penalties, the revocation of approval as a VET provider under the Act can have significant consequences for Carrick Institute of Education Pty Ltd. By losing its approval, the Institute is no longer eligible to offer courses that qualify for VET FEE-HELP assistance, which can affect its ability to operate as a VET provider. Furthermore, any failure to comply with the registration requirements on the National Register could potentially lead to further administrative or legal consequences. The specific penalties for such breaches would be governed by other sections of the Act and related legislation, which are not detailed in this Instrument.