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

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

Legislation au F2014L00765 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 Tropical North 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 Tropical North Queensland Institute of TAFE was approved by the Minister’s delegate as a VET provider on 23 September 2013 by Instrument of Approval No. 49 of 2013 and registered on the Federal Register of Legislative Instruments No F2013L01758 on the 1 October 2013.  

On 22 may 2014, the State of Queensland as represented by Tropical North 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 Tropical North 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 Tropical North 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 Tropical North 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 Tropical North 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 Tropical North 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 Tropical North 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, enacted by the Australian Parliament, aims to provide support for higher education students and facilitate vocational education and training (VET) in Australia. This legislation was introduced to address the need for a structured support system for students pursuing higher education and vocational training. The Higher Education Support Act 2003 is administered by the Department of Education, with the Minister for Education having the authority to delegate specific powers to relevant departmental positions, such as the Branch Manager, Student Support Branch in the Quality and Student Support Group. The Act includes provisions for the revocation of approval for VET providers, ensuring that only entities meeting certain standards and criteria are allowed to offer educational services and related support, such as VET FEE-HELP. The revocation of approval process ensures that the integrity and quality of educational services provided to students are maintained.

Scope and Application

The Higher Education Support Act 2003 applies to the revocation of approval for certain entities to act as providers in the vocational education and training sector, specifically those approved to offer VET FEE-HELP. This Act, administered at the Commonwealth level, allows for the revocation of a provider's approval upon their written request. The revocation process is managed by the Minister for Education, who has delegated this authority to the Branch Manager, Student Support Branch within the Department of Education's Quality and Student Support Group. The Instrument revoking the approval of the State of Queensland as represented by the Tropical North Queensland Institute of TAFE is a legislative instrument, which takes 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 not registered by that date. The revocation directly affects the entity's eligibility to offer VET FEE-HELP assistance to its students, though it does not impact their broader approval to deliver education and training.

Key Provisions

The key provision of this legislation, subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003, allows a provider, in this case the State of Queensland as represented by Tropical North Queensland Institute of TAFE, to request the Minister for Education to revoke their approval as a VET provider. This request must be made in writing. Following such a request, the Minister, or their delegate, must notify the provider in writing of the revocation at least 14 days before the revocation takes effect, as stipulated in subclause 39(3). In this instance, the Minister has delegated this power to the Branch Manager, Student Support Branch in the Quality and Student Support Group of the Department of Education. This delegation is detailed in subclause 39(4) of Schedule 1A to the Act, which also states that a notice of revocation is considered a legislative instrument under the Legislative Instruments Act 2003. The Act imposes specific obligations on the parties involved. The provider must formally request the revocation in writing, and the Minister, or their delegate, must provide a written notice of revocation at least 14 days prior to the effective date. The provider is also required to comply with any conditions outlined in the notice of revocation, including any transitional arrangements that may be necessary to ensure a smooth cessation of their role as a VET provider. Breach of the obligations outlined in the Act may lead to various civil or criminal consequences. While the specific penalties are not detailed in the provided text, breaches of similar legislative instruments typically involve fines or other administrative penalties. The exact nature and severity of the penalties would depend on the specific circumstances of the breach and any applicable laws or regulations. The revocation itself is a formal administrative process and does not typically involve criminal penalties unless there are additional underlying actions or omissions that constitute a criminal offence.

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Legislative Instrument
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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.