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

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

Legislation au F2014L00772 Not in force Legislative Instrument

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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 Southern Queensland 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 Southern Queensland Institute of TAFE was approved by the Minister’s delegate as a VET provider on 29 July 2013 by Instrument of Approval No. 35 of 2013 and registered on the Federal Register of Legislative Instruments No F2013L01497 on the 1 August 2013.

On 22 May 2014, the State of Queensland as represented by Southern Queensland 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 Southern Queensland 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 Southern Queensland 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 Southern Queensland 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 Southern Queensland 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 Southern Queensland 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 Southern Queensland 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 was enacted to provide financial support for students engaged in higher education, including vocational education and training (VET), to ensure access to quality education. This legislation addresses the gap in funding and support mechanisms for higher education students, particularly those enrolled in VET courses. The enacting body is the Parliament of Australia, with the policy objective of facilitating equitable access to higher education. This particular legislative instrument revokes the approval of Southern Queensland Institute of TAFE as a VET provider under the Act, following a written request by the Institute. The revocation aims to comply with the Act's provisions, ensuring that the process adheres to the legislative requirements for notifying affected parties and respecting their right to education.

Scope and Application

The Higher Education Support Act 2003 applies to entities approved as Vocational Education and Training (VET) providers, including the State of Queensland as represented by Southern Queensland Institute of TAFE. The Act facilitates the revocation of a provider’s approval under specific circumstances, such as when the provider requests it in writing. The revocation process is governed by subclause 39(1) of Schedule 1A to the Act, with the Minister for Education delegating the authority to the Branch Manager, Student Support Branch within the Department of Education. The Minister must notify the provider of the revocation in writing at least 14 days before it takes effect, as per subclause 39(3) of Schedule 1A. The revocation of Southern Queensland Institute of TAFE’s approval is a legislative instrument under the Legislative Instruments Act 2003, effective from 1 July 2014, or the date of registration of TAFE Queensland’s approval on the Federal Register of Legislative Instruments, whichever is later. Notably, this legislative instrument does not affect the broader right to education as it only pertains to the revocation of VET FEE-HELP assistance eligibility.

Key Provisions

The primary operative sections of the legislation are subclause 39(1) and 39(3) of Schedule 1A to the Higher Education Support Act 2003 (the Act). Subclause 39(1) permits the revocation of a body's approval as a VET provider if the body requests such revocation in writing. Subclause 39(3) mandates that the Minister must provide written notification of the revocation to the body at least 14 days prior to the effective date of the revocation. This legislative instrument specifically revokes the approval of the State of Queensland as represented by Southern Queensland Institute of TAFE as a VET provider under subclause 39(1) of Schedule 1A to the Act, in response to the provider's written request. The Act imposes certain obligations on parties governed by it. Under subclause 39(1), a VET provider can request the revocation of its approval in writing. The Minister, or their delegate, is obligated to notify the provider of the revocation in writing at least 14 days prior to the effective date of the revocation, as specified in subclause 39(3). The Minister has delegated these powers to the Branch Manager, Student Support Branch in the Quality and Student Support Group of the Department of Education. Moreover, subclause 39(4) states that a notice of revocation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. The legislation does not explicitly outline specific offences, penalties, or consequences for breach within the given sections. However, the revocation of approval as a VET provider can have significant implications for the provider, such as the loss of eligibility to offer VET FEE-HELP assistance to its students. While the revocation affects the provider's ability to participate in the VET FEE-HELP scheme, it does not remove the provider's approval to deliver education and training to students. The compatibility statement indicates that the revocation does not affect the protection of human rights, as it does not remove the provider's approval to deliver education and training to students, thereby maintaining the right to education.

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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.