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 QPIX Ltd as a VET provider under subclause 39(1) of Schedule 1A to the Act.
Background
QPIX Ltd was approved by the Minister’s delegate as a VET provider on 7 December 2011 by Instrument of Approval No. 22 of 2011 and registered on the Federal Register of Legislative Instruments No. F2011L02713 on the 16 December 2011.
On 30 May 2014, QPIX Ltd requested in writing that its approval as a VET provider be revoked.
Commencement
The notice of revocation shall commence on 5 July 2014.
Consultation
Consultation was not undertaken and was not considered necessary as QPIX Ltd has voluntarily requested revocation of its approval as a VET provider for the purposes of VET FEE‑HELP, and QPIX 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 QPIX 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 QPIX 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 QPIX 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 QPIX Ltd 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 (F2014L00941) was enacted in 2014 by the Minister for Education. This legislative instrument addresses the formal process for revoking the approval of a vocational education and training (VET) provider under the Act when the provider requests such revocation in writing. The Higher Education Support Act 2003 was enacted to provide support for students and institutions in the higher education sector, including VET providers. The policy objective of this instrument is to facilitate the orderly withdrawal of a provider from the VET FEE-HELP scheme when requested by the provider, ensuring compliance with legislative requirements and protecting the rights of affected stakeholders. The Minister for Education, under delegated authority, issued this instrument to revoke the approval of QPIX Ltd as a VET provider, in response to a written request from QPIX Ltd on 30 May 2014.
Scope and Application
This legislative instrument pertains to the revocation of approval for QPIX Ltd as a vocational education and training (VET) provider under subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003. The Act applies to entities that have been approved as VET providers and have requested the revocation of their approval in writing. The revocation process is specifically designed for entities like QPIX Ltd that wish to cease being a VET provider for the purposes of VET FEE-HELP, a government initiative that assists eligible students with the cost of their VET courses. The geographic and jurisdictional reach of the Act is national, as it is a Commonwealth Act. The Act does not explicitly exclude any categories of entities from this process, but it is contingent upon the entity's specific request for revocation. The revocation is executed through a legislative instrument under the Legislative Instruments Act 2003, and in this case, the Instrument is the official notice that revokes QPIX Ltd’s approval, effective from 5 July 2014. The Minister for Education has delegated the authority to administer this revocation to an appropriate Australian Public Service employee, ensuring that the process is handled with the requisite expertise and adherence to legislative requirements.
Key Provisions
The main sections of this legislation, specifically subclauses 39(1) and 39(3) of Schedule 1A to the Higher Education Support Act 2003 (the Act), allow for the revocation of a VET provider's approval. Under subclause 39(1), a provider can request in writing that their approval be revoked, and subclause 39(3) mandates that the Minister must notify the provider of this revocation at least 14 days before it takes effect. This process is facilitated by the delegation of the Minister’s powers to an APS employee responsible for administering the Act, as outlined in paragraph 238-5(1)(b) of the Act. The revocation notice is considered a legislative instrument under the Legislative Instruments Act 2003, as specified in subclause 39(4) of Schedule 1A.
The Act imposes several obligations on the parties involved. Primarily, it requires the Minister or their delegate to formally notify the VET provider of the revocation at least 14 days in advance, ensuring that the provider has adequate time to prepare for the change. Additionally, the Act stipulates that the revocation notice itself must be in writing, which is a formal requirement under subclause 39(3). Furthermore, the Minister must ensure that the revocation process is handled in accordance with the legislative requirements set out in the Act.
In terms of consequences for breach, the legislation does not explicitly outline specific offences, penalties, or consequences for non-compliance with its provisions. However, the revocation process is strictly governed by the requirements of the Act, and any failure to adhere to these requirements could potentially lead to administrative or legal repercussions. The revocation itself, being a legislative instrument, is subject to the provisions of the Legislative Instruments Act 2003, which governs the creation and publication of such instruments.