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 Education and Training
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 an APS employee responsible for administering the Act.
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 Harvest West Bible College Inc as a VET provider under subclause 39(1) of Schedule 1A to the Act.
Background
Harvest West Bible College Inc was approved by the Minister’s delegate as a VET provider on 13 October 2008 by Instrument of Approval No. 5 of 2008 and registered on the Federal Register of Legislative Instruments No F2008L03777 on 13 October 2008.
On 18 September 2015, Harvest West Bible College Inc requested in writing that its approval as a VET provider be revoked.
Commencement
The notice of revocation shall commence on 19 October 2015.
Consultation
Consultation was not undertaken and was not considered necessary as Harvest West Bible College Inc has voluntarily requested revocation of its approval as a VET provider for the purposes of VET FEE‑HELP, and Harvest West Bible College Inc 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 Harvest West Bible College Inc 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 Harvest West Bible College Inc 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 Harvest West Bible College Inc as a VET provider for the purposes of VET FEE-HELP under the Act. However the right is unaffected as it does not remove Harvest West Bible College Inc’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 (HESA) was enacted to provide support for students in the higher education and vocational education and training (VET) sectors in Australia. One aspect of this Act, particularly under Schedule 1A, allows for the revocation of a VET provider's approval if the provider requests it in writing. This provision was introduced to address the need for flexibility and accountability in the regulation of VET providers, ensuring that institutions which no longer wish to participate in the VET FEE-HELP scheme can formally withdraw without unnecessary administrative burden. The enactment of HESA was overseen by the Parliament of Australia, with the objective of fostering an efficient and responsive higher education support system. This includes enabling the Minister for Education and Training to efficiently manage the approval process of VET providers, ensuring that the system remains dynamic and adaptive to the changing needs of the education sector.
Scope and Application
The legislative instrument in question, F2015L01480, pertains to the revocation of approval for Harvest West Bible College Inc as a Vocational Education and Training (VET) provider under the Higher Education Support Act 2003. This Act applies to entities that have been approved to deliver VET programs and to students who may be eligible for VET FEE-HELP. The revocation applies specifically to Harvest West Bible College Inc, and its implementation falls under the jurisdiction of the Commonwealth of Australia. The Act's provisions allow for the revocation of a VET provider's approval if the entity requests it in writing, and the Minister for Education and Training must notify the entity at least 14 days prior to the revocation taking effect. The revocation of approval pertains to the VET FEE-HELP scheme, but does not affect the institution's broader approval to provide education and training. This instrument does not extend its application through subordinate instruments but is self-contained in its revocation process.
Key Provisions
The legislative instrument (F2015L01480) primarily concerns the revocation of Harvest West Bible College Inc's approval as a VET provider under subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003 (the Act). This revocation is a result of the College's written request to the Minister for the revocation of its approval (subclause 39(1)). The Minister must notify the College of this revocation in writing at least 14 days before it takes effect (subclause 39(3)). The revocation is effective from 19 October 2015, as stated in the notice. The Minister's powers to revoke approval and to notify the College are delegated to an Australian Public Service employee responsible for administering the Act (paragraph 238-5(1)(b)).
The Act imposes several obligations on Harvest West Bible College Inc, including the requirement to request in writing the revocation of its approval if it wishes to cease being a VET provider under the Act. Additionally, the Act requires the Minister to ensure that the College is notified of the revocation at least 14 days before it takes effect. The Act also requires the Minister to ensure that the revocation notice is published as a legislative instrument under the Legislative Instruments Act 2003 (subclause 39(4)).
There are no specific offences, penalties, or consequences mentioned in the Act or the legislative instrument for the revocation of approval. However, the revocation of approval as a VET provider means that Harvest West Bible College Inc can no longer offer VET FEE-HELP assistance to its eligible students, which may have financial implications for those students. The College retains its approval to deliver education and training to students, so its ability to operate as an educational institution is not entirely affected. The revocation does not impose any direct civil or criminal penalties on the College but has significant implications for its operational capacity under the VET FEE-HELP scheme.