EXPLANATORY STATEMENT
Notice of revocation of approval under clause 39 of Schedule 1A of the Higher Education Support Act 2003
Issued by the authority of the Minister for Education
Subject: Schedule 1A of the Higher Education Support Act 2003 (HESA)
Revocation of approval of a body as a VET provider and notice of revocation of approval under subclause 39 (3) of HESA
AUTHORITY
Clause 39 of HESA 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 the approval.
Under section 238-5 of HESA the Minister has delegated her powers under clause 39 and paragraph 39(3)(b) of HESA to a person holding the position of Branch Manger of the Higher Skills Branch in the Tertiary Skills and Productivity Group of the Department of Education, Employment and Workplace Relations.
The Notice of revocation of approval is a legislative instrument.
PURPOSE
This legislative instrument revokes the approval of Qantm Pty Ltd as a VET provider under clause 39 of HESA. The instrument also gives Qantm Pty Ltd notice of that revocation of approval as required by paragraph 39(3)(b) of HESA.
BACKGROUND
Qantm Pty Ltd was approved by the Minister’s delegate as a VET provider on 2 October 2008 by Instrument of Approval No 1 of 2008 registered on the Federal Register of Legislative Instruments on 3 October 2008 (F2008L03660) and which took effect on 5 December 2008.
Qantm Pty Ltd advised the Department of Education, Employment and Workplace Relations that it has merged with SAE Institute (Aust) Pty Ltd (SAE). Qantm Pty Ltd advised the Department that it had ceased to provide Vocational Education and Training diploma and advanced diploma courses on 30 April 2010, and would like to have its status as a VET provider revoked. Qantm requested in writing that the Minister revoke Qantm Pty Ltd’s approval as a VET provider to take effect from 30 June 2010.
COMMENCEMENT
The notice of revocation shall commence on 30 June 2010.
CONSULTATION
Consultation was not undertaken and was not considered necessary because Qantm Pty Ltd has voluntarily applied for revocation of its approval as a VET provider.
Overview
The Higher Education Support Act 2003 (HESA) was enacted to provide a legislative framework for the regulation and support of higher education in Australia, addressing gaps in the regulation of vocational education and training providers. The Act empowers the Minister for Education to revoke the approval of a body as a vocational education and training provider, a power which has been delegated to the Branch Manager of the Higher Skills Branch in the Tertiary Skills and Productivity Group of the Department of Education, Employment and Workplace Relations. The explanatory statement for F2010L01368 details the revocation of approval for Qantm Pty Ltd as a VET provider, as requested by the entity itself. The notice of revocation was issued under clause 39 of Schedule 1A of HESA, and it informs Qantm Pty Ltd of the revocation effective from 30 June 2010, following their merger with SAE Institute (Aust) Pty Ltd and cessation of certain courses.
Scope and Application
The legislative instrument F2010L01368 pertains to the revocation of approval for Qantm Pty Ltd as a Vocational Education and Training (VET) provider under clause 39 of the Higher Education Support Act 2003 (HESA). This revocation is a direct consequence of Qantm Pty Ltd's written request to the Minister for Education, a request that was made to align with its merger with SAE Institute (Aust) Pty Ltd and cessation of its VET courses on 30 April 2010. The instrument also serves to notify Qantm Pty Ltd of the revocation, as mandated by paragraph 39(3)(b) of HESA. The Minister’s powers under clause 39 and paragraph 39(3)(b) of HESA have been delegated to the Branch Manager of the Higher Skills Branch within the Tertiary Skills and Productivity Group of the Department of Education, Employment and Workplace Relations. The revocation notice, effective from 30 June 2010, specifically addresses Qantm Pty Ltd and its status as a VET provider, which was initially approved on 5 December 2008 following the registration of Instrument of Approval No 1 of 2008.
Key Provisions
Clause 39 of the Higher Education Support Act 2003 (HESA) facilitates the revocation of approval for a body to operate as a Vocational Education and Training (VET) provider under specific circumstances. If a body submits a written request to the Minister for revocation of its approval, the Minister is required to proceed with the revocation (s. 238-5). This process has been delegated by the Minister to a Branch Manager within the Department of Education, Employment and Workplace Relations (s. 238-5). The legislative instrument in question revokes the approval of Qantm Pty Ltd as a VET provider, effective from 30 June 2010, as requested by the company.
The obligations imposed by HESA on entities such as Qantm Pty Ltd include the requirement to notify the relevant authorities if they cease to provide VET courses and seek revocation of their approval. In this case, Qantm Pty Ltd informed the Department of Education, Employment and Workplace Relations of its merger with SAE Institute (Aust) Pty Ltd and its decision to cease offering VET courses. By submitting a written request for the revocation of its approval, Qantm Pty Ltd fulfilled its obligations under the Act.
There are no specified offences, penalties, or consequences for failing to comply with the requirements to request revocation of approval when ceasing VET course provision, as the process is voluntary and outlined in the Act. However, the revocation itself is a formal administrative process that follows the submission of the written request and does not involve any punitive measures. The notice of revocation serves as official notification to Qantm Pty Ltd and the public of the change in its status as a VET provider.