Higher Education Support Act 2003 - Revocation of Approval as a VET Provider (State of Queensland as represented by Southbank Institute of Technology)

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

Legislation au F2014L00751 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 Southbank Institute of Technology as a VET provider under subclause 39(1) of Schedule 1A to the Act.

Background

The State of Queensland as represented by Southbank Institute of Technology was approved by the Minister’s delegate as a VET provider on 16 August 2013 by Instrument of Approval No. 40 of 2013 and registered on the Federal Register of Legislative Instruments No F2013L01612 on the 22 August 2013.

On 23 May 2014, the State of Queensland as represented by Southbank Institute of Technology 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 Southbank Institute of Technology  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 Southbank Institute of Technology 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 Southbank Institute of Technology 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 Southbank Institute of Technology 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 Southbank Institute of Technology 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 Southbank Institute of Technology 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 Parliament of Australia, addresses the regulation and support of higher education, including vocational education and training (VET) providers. This legislation provides a framework for the approval and oversight of VET providers, ensuring that they meet certain standards and criteria to offer government-supported education services. The Act aims to maintain the quality of education services and provide equitable access to financial support for eligible students. In the context of the revocation of a VET provider's approval, the legislation allows for the orderly termination of a provider's eligibility to offer government-supported education services if the provider requests such revocation. This process is intended to ensure that only providers meeting the necessary standards can participate in government-supported education programs.

Scope and Application

The Higher Education Support Act 2003 (the Act) applies to entities approved as Vocational Education and Training (VET) providers, with a specific focus on the revocation of such approval under certain conditions. This Act pertains to entities that have been approved to offer VET FEE-HELP, a financial assistance scheme for students in vocational education and training. The revocation of approval as outlined in subclause 39(1) of Schedule 1A to the Act occurs when an approved provider, such as the State of Queensland as represented by Southbank Institute of Technology, requests in writing for its approval to be revoked. This process is managed by the Minister for Education, who has delegated these powers to the Branch Manager, Student Support Branch in the Quality and Student Support Group of the Department of Education. The geographic reach of this Act is national, as it governs VET providers across Australia, and the revocation of approval is communicated to the provider at least 14 days prior to its effective date as stipulated under subclause 39(3) of Schedule 1A. The Instrument, which revokes the approval of Southbank Institute of Technology as a VET provider, is a legislative instrument under the Legislative Instruments Act 2003.

Key Provisions

The main operative sections of this legislative instrument (F2014L00751) revolve around the revocation of approval of a Vocational Education and Training (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 approval of a VET provider if the provider requests it in writing. Subclause 39(3) mandates that the Minister must provide written notification of the revocation at least 14 days before the revocation takes effect. The Minister's powers under these subclauses are delegated to the Branch Manager, Student Support Branch in the Quality and Student Support Group of the Department of Education. Additionally, subclause 39(4) specifies that a notice of revocation is considered a legislative instrument under the Legislative Instruments Act 2003. This Act imposes specific obligations on the parties involved. The provider, in this case, the State of Queensland as represented by Southbank Institute of Technology, must formally request the revocation of its approval in writing. The Minister, or their delegate, is then required to notify the provider of the revocation in writing at least 14 days before the revocation becomes effective. This process ensures that the provider is given ample notice and an opportunity to prepare for the changes resulting from the revocation. Breach of the provisions outlined in the Act could lead to various consequences. While the Act does not explicitly detail offences or penalties for non-compliance, the revocation itself is a significant consequence for the provider. The provider would lose its approval as a VET provider for the purposes of VET FEE-HELP, which could impact its ability to offer financial assistance to eligible students. The revocation also affects the provider's registration and standing under the Act, potentially limiting its operations and eligibility for certain government support programs. Given the legislative nature of the revocation, any failure to comply with the notice and revocation process could lead to administrative or legal repercussions, although specific penalties are not detailed in the Act.

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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.