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 SkillsTech Australia as a VET provider under subclause 39(1) of Schedule 1A to the Act.
Background
The State of Queensland as represented by SkillsTech Australia was approved by the Minister’s delegate as a VET provider on 23 April 2013 by Instrument of Approval No. 14 of 2013 and registered on the Federal Register of Legislative Instruments No F2013L00714 on the 1 May 2013.
On 22 May 2014, The State of Queensland as represented by SkillsTech Australia 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 SkillsTech Australia 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 SkillsTech Australia 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 SkillsTech Australia 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 SkillsTech Australia 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 SkillsTech Australia 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 SkillsTech Australia 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, was introduced to provide a framework for the support of higher education providers and students. One of the gaps it aimed to address was the need for a clear process to revoke the approval of vocational education and training (VET) providers, ensuring that the system remains efficient and accountable. The explanatory statement for the legislative instrument F2014L00770 pertains to the revocation of approval of a provider under subclause 39(1) of Schedule 1A to the Act, specifically targeting the revocation process for SkillsTech Australia, a VET provider representing the State of Queensland. The Minister for Education, through the Branch Manager, Student Support Branch in the Quality and Student Support Group of the Department of Education, has the authority to revoke such approval upon a written request from the provider, as specified in the Act. The primary objective of this legislative instrument is to formally notify the revocation of SkillsTech Australia's approval as a VET provider, taking effect on 1 July 2014 or later, contingent on the registration of another provider’s approval on the Federal Register of Legislative Instruments.
Scope and Application
The Higher Education Support Act 2003, through its Schedule 1A, provides a framework for the approval and oversight of Vocational Education and Training (VET) providers under the VET FEE-HELP program. Specifically, subclause 39(1) of Schedule 1A allows for the revocation of a VET provider's approval at the request of the provider itself, subject to certain conditions and notifications. The Minister for Education has delegated the authority to manage these revocations to the Branch Manager of the Student Support Branch within the Department of Education's Quality and Student Support Group. This legislative instrument, F2014L00770, revokes the approval of SkillsTech Australia, representing the State of Queensland, as a VET provider following its written request on 22 May 2014. The revocation is set to 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, whichever is later. The Act applies directly to SkillsTech Australia and indirectly impacts the students and institutions reliant on the VET FEE-HELP scheme. While the revocation affects the right to education under Article 13 of the International Covenant on Economic, Social, and Cultural Rights, it does not impede SkillsTech Australia's ability to deliver education and training.
Key Provisions
The key provisions of this legislative instrument (F2014L00770) revolve around the revocation of approval for SkillsTech Australia, a vocational education and training (VET) provider in Queensland, under the Higher Education Support Act 2003 (the Act) (subclause 39(1) of Schedule 1A). The legislative instrument details the process and the effective date of the revocation, which was requested in writing by SkillsTech Australia on 22 May 2014. 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 that date is later (subclause 39(3) of Schedule 1A). The Minister has delegated his powers to the Branch Manager, Student Support Branch, in the Quality and Student Support Group of the Department of Education, as outlined in paragraph 238-5(1)(b) of the Act.
The Act imposes specific obligations on SkillsTech Australia and the Minister in this process. SkillsTech Australia is required to submit a written request for the revocation of its approval as a VET provider, as stipulated in subclause 39(1) of Schedule 1A. Once the request is received, the Minister, through the delegated Branch Manager, must provide written notification of the revocation at least 14 days before the revocation takes effect, as per subclause 39(3) of Schedule 1A. This notification is considered a legislative instrument under the Legislative Instruments Act 2003, as specified in subclause 39(4) of Schedule 1A.
The legislative instrument does not explicitly outline offences, penalties, or civil/criminal consequences for breaches in the context of revocation of approval. However, any breach of the terms under which SkillsTech Australia was approved as a VET provider could potentially lead to consequences under the broader provisions of the Higher Education Support Act 2003. It is essential to refer to the Act for any related penalties or consequences that may apply. The revocation itself is a formal administrative process that follows the statutory requirements and does not incur direct penalties but results in the cessation of SkillsTech Australia’s eligibility to offer VET FEE-HELP assistance to its students.