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 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 Navitas Professional Training Pty Ltd as a VET provider under subclause 39(1) of Schedule 1A to the Act.
Background
Navitas Professional Training Pty Ltd (formerly known as Navitas Workforce Solutions Pty Ltd) was approved by the Minister’s delegate as a VET provider on 29 June 2012 by Instrument of Approval No. 12 of 2012 and registered on the Federal Register of Legislative Instruments No F2012L01510 on 5 July 2012.
On 10 February 2014, Navitas Professional Training Pty Ltd requested in writing that its approval as a VET provider be revoked.
Commencement
The notice of revocation commenced on 24 March 2014, but this retrospective commencement does not adversely affect the rights of, or impose any liabilities on Navitas Professional Training Pty Ltd, because:
- On 10 February 2014, Navitas Professional Training Pty Ltd requested that its approval as a VET provider be revoked
- On 6 March 2014, a delegate of the Minister for Education wrote to Navitas Professional Training Pty Ltd to provide notice (in accordance with subclause 39(3) of Schedule 1A of the Act) of the revocation and to advise that the revocation would take effect from 24 March 2014
The retrospective commencement is therefore appropriate and does not breach subsection 12(2) of the Legislative Instruments Act 2003.
Consultation
Consultation was not undertaken and was not considered necessary as Navitas Professional Training Pty Ltd has voluntarily requested revocation of its approval as a VET provider for the purposes of VET FEE‑HELP, and Navitas Professional 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 Navitas Professional 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 its 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 Navitas Professional 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 Navitas Professional 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 Navitas Professional 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 Australian Parliament, addresses the need for regulation and oversight of the higher education sector, including vocational education and training (VET). Specifically, the Act allows for the approval and revocation of VET providers, ensuring quality and accountability in the sector. The Explanatory Statement for Legislative Instrument F2014L00410, issued under the authority of the Minister for Education, outlines the revocation of Navitas Professional Training Pty Ltd’s approval as a VET provider following a written request by the provider. This revocation was mandated by subclause 39(1) of Schedule 1A to the Act, with notification requirements specified under subclause 39(3), which mandates a 14-day notice period. The Minister has delegated the power to revoke approval to an Australian Public Service employee, and the revocation notice is considered a legislative instrument under the Legislative Instruments Act 2003. The legislative instrument does not adversely affect Navitas Professional Training Pty Ltd, as it respects the provider’s request and the statutory notice period. The process ensures compliance with human rights, particularly the right to education, while maintaining the integrity and quality of vocational education and training in Australia.
Scope and Application
The Higher Education Support Act 2003, specifically under subclause 39(1) of Schedule 1A, governs the revocation of approval for entities acting as Vocational Education and Training (VET) providers. This applies to entities such as Navitas Professional Training Pty Ltd, which can request the revocation of their approval in writing. The Act mandates that the Minister, or their delegate, must notify the entity of the revocation at least fourteen days prior to its effective date. The Minister for Education has delegated certain powers under this section to an Australian Public Service employee responsible for administering the Act. The revocation process, as outlined in subclause 39(3) of Schedule 1A, ensures that the entity is formally informed of the impending revocation, with the revocation notice itself considered a legislative instrument under the Legislative Instruments Act 2003. Notably, the revocation does not adversely impact the rights or liabilities of the entity, provided the entity has requested the revocation and the notification requirements are met.
Key Provisions
The main operative sections of the legislative instrument (F2014L00410) focus on the revocation of approval for Navitas Professional Training Pty Ltd as a VET provider under subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003 (the Act). This revocation takes effect in response to a written request from the provider (subclause 39(1)) and requires the Minister to provide written notification of the revocation at least 14 days before the revocation is to take effect (subclause 39(3)). The authority for these actions is delegated by the Minister to an Australian Public Service (APS) employee responsible for administering the Act (paragraph 238-5(1)(b)). The notice of revocation is deemed a legislative instrument under the Legislative Instruments Act 2003 (subclause 39(4)).
The Act imposes certain obligations on the parties involved. Specifically, an approved VET provider, such as Navitas Professional Training Pty Ltd, must request in writing for the revocation of its approval if it wishes to cease being a provider (subclause 39(1)). Furthermore, the Minister or their delegate must provide written notification of the revocation to the provider at least 14 days before the revocation takes effect (subclause 39(3)). These obligations ensure transparency and provide a clear process for the revocation of approval.
The legislative instrument does not explicitly state any offences, penalties, or consequences for breach within its text. However, given that the Act is related to the Higher Education Support Act 2003, it is reasonable to infer that any breaches of the obligations under the Act may result in penalties as outlined in that Act. These could include financial penalties or other sanctions as deemed appropriate by the Minister or relevant authorities. The maximum penalties would depend on the specific nature of the breach and the provisions of the Higher Education Support Act 2003.
In summary, the legislative instrument outlines the process for the revocation of approval of Navitas Professional Training Pty Ltd as a VET provider, the obligations of the provider and the Minister, and implicitly references potential penalties for non-compliance with the Higher Education Support Act 2003.