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 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 section 238-5 of the Act, the Minister has delegated his powers under subclauses
39(1) and 39(3) of the Act to the position of General Manager of the Student Support Branch in the Tertiary Quality and Participation Division of the Department of Industry, Innovation, 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 (the instrument) for the purposes of the Legislative Instruments Act 2003.
Purpose
The instrument revokes the approval of the Minister for Employment, Higher Education and Skills (SA) as a VET provider under the Act.
Background
The Minister for Employment, Higher Education and Skills (SA) was approved by the Minister’s delegate as a VET provider on 8 June 2012 by Instrument of Approval No F2012L01210 registered on the Federal Register of Legislative Instruments on 15 June 2012.
On 4 October 2012 , the Minister for Employment, Higher Education and Skills (SA) requested in writing that its approval as a VET provider be revoked due to the transfer in functions to TAFE SA.
Commencement
The notice of revocation shall commence on 17 November 2012.
Consultation
Consultation was not considered necessary because the Minister for Employment, Higher Education and Skills (SA) has voluntarily requested revocation of its approval as a VET provider for the purposes of VET FEE-HELP and the Minister for Employment, Higher Education and Skills (SA) is the only VET provider for the purposes of VET FEE-HELP 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(3) of Schedule 1A to the Act. The purpose of the instrument is to revoke the approval of the Minister for Employment, Higher Education and Skills (SA) as a VET provider for the purposes of VET FEE-HELP under Schedule 1A to 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 the Minister for Employment, Higher Education and Skills (SA) by revoking its approval as a VET provider for the purposes of VET FEE-HELP under Schedule 1A to 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 the Minister for Employment, Higher Education and Skills (SA) as a VET provider for the purposes of VET FEE-HELP under Schedule 1A to the Act. However the right is unaffected as the revocation is for the purpose to effect a transfer of functions and approval to deliver education and training to students is not affected.
Conclusion
This instrument is compatible with human rights because it does not affect the protection of human rights.