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 The Bremer 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 The Bremer Institute of TAFE was approved by the Minister’s delegate as a VET provider on 14 January 2013 by Instrument of Approval No. 3 of 2013 and registered on the Federal Register of Legislative Instruments No F2013L00064 on the 17 January 2013.
On 22 May 2014, the State of Queensland as represented by The Bremer 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 The Bremer 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 The Bremer 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 The Bremer 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 The Bremer 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 The Bremer 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 The Bremer 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 support for students undertaking higher education and vocational education and training (VET) courses in Australia. The Act was introduced to address the need for a structured and supportive framework for students accessing higher education and VET, ensuring that financial support and regulation are aligned with the provision of quality education. The Higher Education Support Act 2003 is an Act of the Parliament of Australia, established to facilitate and regulate the delivery of higher education and VET in the country. The policy objective of the Act is to ensure that students have access to financial support mechanisms such as the VET FEE-HELP program while maintaining high standards of education and training delivery. This legislative instrument, F2014L00774, revokes the approval of The Bremer Institute of TAFE, representing the State of Queensland, as a VET provider under the Act following a written request from the provider. The revocation is set to take effect on 1 July 2014, or the day after the Minister’s approval of TAFE Queensland is registered on the Federal Register of Legislative Instruments, whichever is later. This action aligns with the Act's provisions for the revocation of approval upon request, ensuring that the process is both transparent and responsive to the needs of the involved parties.
Scope and Application
The explanatory statement outlines the legislative instrument issued under subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003, which revokes the approval of The Bremer Institute of TAFE as a VET provider for the purposes of VET FEE-HELP. This revocation follows a written request from the State of Queensland, represented by The Bremer Institute of TAFE, and is effective 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. 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 this approval and notify the provider in writing at least 14 days before the revocation takes effect. The revocation does not extend to other entities or industries, and consultation was deemed unnecessary as it only affects The Bremer Institute of TAFE. The Instrument is also compatible with human rights, despite engaging the right to education by revoking the provider's status, as it does not remove the provider's ability to deliver education and training to students.
Key Provisions
The legislation F2014L00774, under subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003, pertains to the revocation of approval for a body to function as a Vocational Education and Training (VET) provider. This revocation can be initiated by the provider itself, provided it makes a written request to the Minister. The revocation process is governed by subclause 39(3), which mandates that the Minister must notify the provider in writing at least 14 days before the revocation takes effect. The powers to manage this process are delegated by the Minister to the Branch Manager, Student Support Branch within the Quality and Student Support Group of the Department of Education, as per paragraph 238-5(1)(b) of the Act. The notice of revocation is considered a legislative instrument under the Legislative Instruments Act 2003.
The obligations and requirements imposed by this Act are primarily on the VET providers. A VET provider seeking revocation must submit a formal written request to the Minister. Once a request is received, the Minister must follow the stipulated process to notify the provider of the impending revocation, ensuring that the provider has adequate time to prepare for the cessation of their VET provider status. The Minister's delegate must also ensure that the revocation is documented and published as a legislative instrument, maintaining transparency and adherence to legislative processes.
In terms of consequences for non-compliance or breach, the Act does not explicitly detail offences, penalties, or specific consequences for failing to adhere to its provisions. However, the revocation of approval as a VET provider is a significant administrative action that impacts the provider's ability to offer VET FEE-HELP assistance to its students. The Act ensures that the provider is given a fair opportunity to prepare for the revocation by requiring written notification well in advance of the effective date. Failure to follow the prescribed process might lead to administrative reviews or challenges, although the Act itself does not outline specific penalties for such breaches.