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 Wide Bay 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 Wide Bay Institute of TAFE was approved by the Minister’s delegate as a VET provider on 4 November 2013 by Instrument of Approval No. 61 of 2013 and registered on the Federal Register of Legislative Instruments No F2013L01885 on the 6 November 2013.
On 22 May 2014, the State of Queensland as represented by Wide Bay 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 Wide Bay 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 Wide Bay 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 Wide Bay 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 Wide Bay 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 Wide Bay 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 Wide Bay 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 provision of financial assistance to students in higher education and vocational education and training (VET). One of the mechanisms within this framework is the ability for the Minister for Education to revoke the approval of a VET provider if the provider requests such revocation. This process is formalised under subclause 39(1) of Schedule 1A to the Act. The Minister's powers in this regard have been delegated to the Branch Manager, Student Support Branch in the Quality and Student Support Group of the Department of Education. The revocation process requires notification to the provider at least 14 days before the effective date, as outlined in subclause 39(3) of Schedule 1A. This legislative instrument revokes the approval of the State of Queensland, represented by Wide Bay Institute of TAFE, as a VET provider, in response to a written request from the Institute itself. The revocation is set to take 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, should this occur before 1 July 2014.
Scope and Application
The legislative instrument F2014L00760 pertains to the revocation of approval for the State of Queensland as represented by Wide Bay Institute of TAFE as a VET provider under the Higher Education Support Act 2003. The instrument applies to the State of Queensland specifically through Wide Bay Institute of TAFE, which had been approved as a VET provider for the purposes of VET FEE-HELP. The revocation process was initiated by the Institute itself, requesting in writing for its approval to be revoked. The Minister, having delegated their powers to the Branch Manager, Student Support Branch in the Quality and Student Support Group of the Department of Education, is responsible for carrying out the revocation, which must be notified to the Institute in writing at least 14 days prior to its effect. The instrument is a legislative instrument under the Legislative Instruments Act 2003. The revocation will take effect on 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 later. The instrument does not engage with any exclusions, exemptions, or thresholds beyond those already specified in the Higher Education Support Act 2003.
Key Provisions
The main operative sections of this legislation (F2014L00760) include subclause 39(1) and 39(3) of Schedule 1A to the Higher Education Support Act 2003. Subclause 39(1) allows for the revocation of a VET provider's approval if the provider requests it in writing, while subclause 39(3) mandates that the Minister must provide the provider with written notification of the revocation at least 14 days before it takes effect. Subclause 39(4) further specifies that the notice of revocation is a legislative instrument under the Legislative Instruments Act 2003. The purpose of this instrument is to revoke the approval of the State of Queensland, as represented by Wide Bay Institute of TAFE, as a VET provider under the Higher Education Support Act 2003.
The Act imposes several obligations and requirements on the parties it governs. The State of Queensland, as represented by Wide Bay Institute of TAFE, must submit a written request for the revocation of its approval as a VET provider. The Minister for Education, or their delegate, must then provide the provider with written notification of the revocation at least 14 days prior to the effective date. This ensures that the provider has sufficient time to make necessary arrangements and communicate the change to their students and stakeholders. Furthermore, the revocation must be registered on the Federal Register of Legislative Instruments, and the revocation's effective date is contingent on the registration of TAFE Queensland's approval as a VET provider.
Failure to comply with the requirements and obligations outlined in the Act may result in civil or criminal consequences. While the specific offences, penalties, or consequences for breach are not explicitly stated in this legislation, it is reasonable to assume that non-compliance could lead to legal action, fines, or other penalties as prescribed under the relevant laws and regulations. The Minister for Education has the authority to revoke the approval of a VET provider, and any failure to follow the prescribed process could result in legal repercussions for the parties involved.
In summary, this legislation provides the framework for the revocation of a VET provider's approval under the Higher Education Support Act 2003. It outlines the necessary steps and obligations for both the provider and the Minister for Education or their delegate. The revocation process ensures that the provider has adequate notice and time to prepare for the change, and the registration of the revocation on the Federal Register of Legislative Instruments provides transparency and legal recognition of the revocation. While specific penalties for non-compliance are not mentioned, it is reasonable to assume that failure to adhere to the requirements of the Act could result in legal consequences for the parties involved.