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
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 Director, Strategy and Operations, Student Support Branch in the Tertiary Quality and Student Support Division of the Department of Industry.
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 ICHM Pty Ltd as a VET provider under subclause 39(1) of Schedule 1A to the Act.
Background
ICHM Pty Ltd was approved as a VET provider on 14 October 2008 by Instrument of Approval No. 6 of 2008 and was registered on the Federal Register of Legislative Instruments on the 14 October 2008.
On 30 September 2013, ICHM Pty Ltd requested in writing that its approval as a VET provider be revoked.
Commencement
The notice of revocation shall commence on 31 October 2013.
Consultation
Consultation was not undertaken and was not considered necessary as ICHM Pty Ltd has voluntarily requested revocation of its approval as a VET provider for the purposes of VET FEE‑HELP, and ICHM 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 ICHM 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 ICHM 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 ICHM 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 ICHM 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 in 2013. This instrument was introduced to address the revocation of approval for ICHM Pty Ltd as a VET provider for the purposes of VET FEE-HELP. The Higher Education Support Act 2003, enacted by the Australian Parliament, aimed to establish a framework for the provision of higher education support. The policy objective of this instrument is to facilitate the revocation of approval for vocational education and training providers, in this case ICHM Pty Ltd, upon their written request. The Minister for Education has delegated the powers to the Director, Strategy and Operations, Student Support Branch in the Tertiary Quality and Student Support Division of the Department of Industry, ensuring the appropriate administration of the revocation process.
Scope and Application
The revocation of approval as a provider under subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003 applies to ICHM Pty Ltd, specifically concerning its approval as a Vocational Education and Training (VET) provider for the purposes of VET FEE-HELP. This Act allows for the Minister to revoke the approval of a body if that body makes a written request for revocation. The revocation affects the entity’s ability to offer VET FEE-HELP assistance to eligible students, although it does not impact their general approval to deliver education and training. The authority to revoke the approval is delegated to the Director, Strategy and Operations, Student Support Branch within the Tertiary Quality and Student Support Division of the Department of Industry. The revocation is a legislative instrument, subject to the provisions of the Legislative Instruments Act 2003, and is effective from 31 October 2013. The revocation is limited to ICHM Pty Ltd as it is the only VET provider affected by this specific Instrument. The revocation does not extend beyond the parameters of VET FEE-HELP, preserving the entity's other educational offerings.
Key Provisions
The key provisions of this legislative instrument concern the revocation of approval for a body to act as a VET provider under subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003 (the Act). Specifically, the instrument revokes the approval of ICHM Pty Ltd as a VET provider for the purposes of VET FEE-HELP, following their written request for revocation. Under subclause 39(3) of Schedule 1A, the Minister must notify the provider in writing of the revocation at least 14 days before the effective date, which in this case is 31 October 2013. The Minister has delegated the authority to revoke this approval to the Director, Strategy and Operations, Student Support Branch in the Tertiary Quality and Student Support Division of the Department of Industry.
ICHM Pty Ltd, which was initially approved as a VET provider on 14 October 2008, made a written request for the revocation of their approval on 30 September 2013. Given this voluntary request, consultation was deemed unnecessary as the provider is the sole entity affected by this instrument. The legislative instrument complies with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. Although the revocation impacts the right to education by limiting ICHM Pty Ltd's ability to offer VET FEE-HELP assistance, it does not affect the provider's ability to deliver education and training to students.
The obligations imposed by the Act on ICHM Pty Ltd include the requirement to formally request the revocation of their approval in writing if they wish to cease being a VET provider for the purposes of VET FEE-HELP. Once such a request is made, the Minister, through the Director designated under subclause 39(1) of the Act, must notify the provider in writing of the revocation at least 14 days prior to the effective date. Additionally, the Act mandates that the revocation be documented as a legislative instrument under the Legislative Instruments Act 2003.
Any breaches of the Act's provisions could result in civil or criminal consequences, though the specific penalties are not detailed in the explanatory statement. However, the revocation itself does not introduce any new penalties or consequences beyond the cessation of ICHM Pty Ltd's approval as a VET provider for the purposes of VET FEE-HELP. The primary effect of this revocation is the administrative cessation of their eligibility to offer VET FEE-HELP assistance, without any additional punitive measures stipulated in this legislative instrument.