Higher Education Support Act 2003 - Revocation of approval as a VET Provider (State of Queensland as represented by Sunshine Coast Institute of TAFE)

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

Legislation au F2014L00767 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 Sunshine Coast 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 Sunshine Coast Institute of TAFE was approved by the Minister’s delegate as a VET provider on 11 February 2013 by Instrument of Approval No. 6 of 2013 and registered on the Federal Register of Legislative Instruments No F2013L00243 on the 21 February 2013.

On 22 may 2014, the State of Queensland as represented by Sunshine Coast 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 Sunshine Coast 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 Sunshine Coast 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 Sunshine Coast 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 Sunshine Coast 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 Sunshine Coast 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 Sunshine Coast 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 a framework for the delivery and support of higher education and vocational education and training (VET) in Australia. The Act addresses the need for a regulatory system to ensure the quality and integrity of these educational sectors, including the provision of financial support schemes such as VET FEE-HELP. Enacted by the Parliament of Australia, the Higher Education Support Act 2003 aims to facilitate the efficient and effective delivery of education services while ensuring that students have access to necessary financial assistance. One of the Act's key provisions allows for the revocation of approval of a VET provider at the provider's request, ensuring flexibility and accountability within the system. The revocation process is designed to be transparent and fair, providing adequate notice to the affected entities and ensuring compliance with legislative requirements.

Scope and Application

The legislation, F2014L00767, pertains to the revocation of approval for a provider under subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003. This Act applies to the State of Queensland as represented by Sunshine Coast Institute of TAFE, specifically in its capacity as a Vocational Education and Training (VET) provider. The legislation allows for the revocation of approval if the provider requests it in writing. The Minister for Education has delegated the power to revoke such approval to the Branch Manager of the Student Support Branch within the Quality and Student Support Group of the Department of Education. The revocation of approval as a VET provider impacts the institution's eligibility to participate in the VET FEE-HELP scheme, but does not affect its general approval to deliver education and training. The revocation is set to take effect on 1 July 2014, or the day following the registration of TAFE Queensland's approval on the Federal Register of Legislative Instruments, if later. The legislation extends to the Commonwealth jurisdiction and does not include any specific exclusions, exemptions, or thresholds apart from the voluntary request for revocation by the provider.

Key Provisions

The legislative instrument (F2014L00767) revokes the approval of the State of Queensland, represented by Sunshine Coast Institute of TAFE, as a VET provider under the Higher Education Support Act 2003 (the Act) (subclause 39(1) of Schedule 1A). This revocation follows a written request from Sunshine Coast Institute of TAFE for the Minister to revoke its approval as a VET provider for the purposes of VET FEE-HELP. The Minister has delegated the authority to make such decisions to the Branch Manager, Student Support Branch in the Quality and Student Support Group of the Department of Education (subclause 39(2) of Schedule 1A). The revocation will be communicated to Sunshine Coast Institute of TAFE at least 14 days before it takes effect (subclause 39(3) of Schedule 1A). Sunshine Coast Institute of TAFE, as the entity whose approval is revoked, must comply with the requirements outlined in the legislative instrument. Specifically, it must adhere to the timing and notification provisions set forth in subclauses 39(1) and 39(3) of Schedule 1A, which include the mandatory written request for revocation and the requirement for the Minister to provide written notification at least 14 days prior to the revocation's effective date. The revocation will take effect on the later of 1 July 2014 or the day following the registration of the Minister’s approval of TAFE Queensland on the Federal Register of Legislative Instruments, should that approval be registered on or before 1 July 2014 (subclause 39(4) of Schedule 1A). The legislative instrument does not detail specific offences or penalties for non-compliance by Sunshine Coast Institute of TAFE or other entities. However, any failure to comply with the Act's provisions could potentially lead to legal consequences, including the possibility of further administrative actions or sanctions by the Minister. The revocation itself is a regulatory action taken in response to a request and does not explicitly outline penalties for breach. Instead, it operates within the framework of the Higher Education Support Act 2003, which may include additional provisions for enforcement and compliance.

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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.