Higher Education Support Act 2003 - Revocation of Approval as a VET provider (State of Queensland as represented by Brisbane North Institute of TAFE)

Administered by Department of Education, Department of the Prime Minister and Cabinet

Legislation au F2014L00768 Not in force Legislative Instrument

Legislation content

 

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 Branch Manager, Student Support Branch in the Quality and Student Support Group of the Department of Education.

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 the State of Queensland as represented by Brisbane North Institute of TAFE as a VET provider under subclause 39(1) of Schedule 1A to the Act.

Background

The State of Queensland as represented by Brisbane North Institute of TAFE was approved by the Minister’s delegate as a VET provider on 23 January 2013 by Instrument of Approval No. 4 of 2013 and registered on the Federal Register of Legislative Instruments No F2013L00143 on the 1 February 2013.

On 23 May 2014, the State of Queensland as represented by Brisbane North Institute of TAFE requested in writing that its approval as a VET provider be revoked.

Commencement

The revocation shall take effect on the later of 1 July 2014 or (if the Minister’s approval of TAFE Queensland as a VET provider has, on or by that date, not been registered on the Federal Register of Legislative Instruments (FRLI) then the day after the date on which the Minister’s approval of TAFE Queensland as a VET provider is registered on the FRLI.

Consultation

Consultation was not undertaken and was not considered necessary as the State of Queensland as represented by Brisbane North Institute of TAFE has voluntarily requested revocation of its approval as a VET provider for the purposes of VET FEE‑HELP, and the State of Queensland as represented by Brisbane North Institute of TAFE 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 the State of Queensland as represented by Brisbane North Institute of TAFE 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 the State of Queensland as represented by Brisbane North Institute of TAFE 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 the State of Queensland as represented by Brisbane North Institute of TAFE as a VET provider for the purposes of VET FEE-HELP under the Act.  However the right is unaffected as it does not remove the State of Queensland as represented by Brisbane North Institute of TAFE 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 (the Act) was enacted to provide a range of support for higher education students, including through the Vocational Education and Training FEE-HELP (VET FEE-HELP) scheme. The problem it addresses includes ensuring that the approval process for VET providers participating in the FEE-HELP scheme is robust, thereby maintaining the integrity and effectiveness of the scheme. The Act was passed by the Parliament of Australia, aiming to streamline and regulate the provision of higher education support services. The explanatory statement concerning the revocation of approval for a VET provider under subclause 39(1) of Schedule 1A highlights the Minister for Education's authority to revoke approval at the request of the provider, ensuring transparency and accountability in the higher education sector. The policy objective is to allow providers to voluntarily withdraw from the scheme, thereby facilitating better management and compliance within the higher education support framework.

Scope and Application

The F2014L00768 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 applies specifically to the State of Queensland as represented by the Brisbane North Institute of TAFE, which had been approved as a VET provider for the purposes of VET FEE-HELP under the Act. This revocation follows a written request by the Institute for its approval to be revoked, as stipulated under subclause 39(1) of Schedule 1A to the Act. The Minister for Education, through delegation to the Branch Manager of the Student Support Branch in the Quality and Student Support Group of the Department of Education, exercises the authority to revoke this approval and must notify the Institute in writing at least 14 days prior to the effective date of the revocation. The revocation will take effect on the later of 1 July 2014 or the day after the Minister's approval of TAFE Queensland as a VET provider is registered on the Federal Register of Legislative Instruments, if this occurs before 1 July 2014. The revocation pertains exclusively to the Brisbane North Institute of TAFE and does not extend to other entities or institutions within the VET sector.

Key Provisions

The main operative sections of the legislative instrument concern the revocation of approval of a VET provider under subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003 (the Act). Specifically, subclause 39(1) allows for the revocation of a VET provider's approval if the provider requests it in writing. Subclause 39(3) mandates that the Minister must notify the provider in writing of the revocation at least 14 days before the revocation takes effect. Subclause 39(4) further specifies that the notice of revocation is a legislative instrument under the Legislative Instruments Act 2003. This legislative instrument imposes specific obligations on the parties involved. The Minister for Education, through the Branch Manager, Student Support Branch in the Quality and Student Support Group of the Department of Education, is responsible for processing the written request for revocation and issuing the necessary notification. The provider, in this case, the State of Queensland as represented by Brisbane North Institute of TAFE, must submit a written request to the Minister to initiate the revocation process. The Minister’s delegate has the authority to revoke the approval and must ensure that the provider is notified at least 14 days before the revocation becomes effective. There are no explicit offences, penalties, or consequences outlined in the instrument for breaching the provisions. However, failure to comply with the requirements, such as not submitting a written request or not providing the necessary notification, could lead to administrative consequences. The revocation itself is a direct consequence of the provider's request, and there are no stated penalties for making such a request. The instrument ensures that the revocation process is conducted in a transparent and legally compliant manner, respecting the rights of the provider and the regulatory framework.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.