Higher Education Support Act 2003 - Revocation of approval as a VET provider (The State of Queensland as represented by Metropolitan South Institute of TAFE)

Administered by Department of Employment and Workplace Relations

Legislation au F2014L00764 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 Metropolitan South 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 Metropolitan South Institute of TAFE was approved by the Minister’s delegate as a VET provider on 23 January 2013 by Instrument of Approval No. 5 of 2013 and registered on the Federal Register of Legislative Instruments No F2013L00144 on 1 February 2013.

On 23 May 2014, The State of Queensland as represented by Metropolitan South 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 Metropolitan South 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 Metropolitan South 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 Metropolitan South 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 Metropolitan South 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 Metropolitan South 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 Metropolitan South 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 establish a framework for supporting higher education and vocational education and training in Australia. This legislation aims to address issues related to the regulation and quality assurance of VET providers, ensuring that they meet certain standards and criteria. The Act was introduced by the Parliament of Australia to provide a structured approach to the provision of financial support and regulatory oversight in the higher education and vocational education sectors. The policy objective of the Act includes maintaining and enhancing the quality of education and training services provided by approved institutions, ensuring accountability, and facilitating access to education for eligible students. In this context, the revocation of approval for a VET provider, such as The State of Queensland as represented by Metropolitan South Institute of TAFE, aligns with the Act’s overarching goals of quality assurance and regulatory compliance within the vocational education sector.

Scope and Application

The revocation of approval under this legislative instrument pertains to The State of Queensland, specifically represented by Metropolitan South Institute of TAFE, as a provider of vocational education and training (VET) under the Higher Education Support Act 2003. This Act applies to entities approved to provide VET, and in this case, it involves the specific revocation of approval for the purposes of VET FEE-HELP, a financial assistance scheme for eligible students. The Minister for Education, through delegation, exercises the authority to revoke this approval as per the provisions outlined in Schedule 1A of the Act, and the notice of revocation is governed by the Legislative Instruments Act 2003. The revocation is set to take effect on 1 July 2014, or the day following the registration of another related approval on the Federal Register of Legislative Instruments, whichever is later. This legislative instrument does not extend to any other entities or industries beyond the specified VET provider, and it is explicitly tailored to address the voluntary request for revocation by the concerned party.

Key Provisions

The primary provisions of the legislation, under subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003 (the Act), enable the revocation of a provider's approval if the provider requests it in writing (s 39(1)). The Minister, through the Branch Manager, Student Support Branch in the Quality and Student Support Group of the Department of Education, is delegated the power to carry out this revocation and to notify the provider in writing at least 14 days prior to the effective date of the revocation (s 39(3)). This notice of revocation is a legislative instrument as per subclause 39(4) of Schedule 1A to the Act. The Act imposes specific obligations on the parties involved. The State of Queensland, as represented by Metropolitan South Institute of TAFE, must formally request the revocation of its approval in writing (s 39(1)). Once such a request is made, the Minister must notify the provider of the impending revocation in writing at least 14 days before it takes effect (s 39(3)). The Minister's delegate, the Branch Manager, Student Support Branch, is responsible for issuing this notice, ensuring that the provider is adequately informed of the revocation process and its consequences. The legislation does not explicitly outline specific offences or penalties for breach. However, the revocation of approval as a VET provider under the Act could potentially lead to significant consequences for the provider, including the loss of eligibility to offer VET FEE-HELP assistance to its students. While the Act itself does not prescribe specific penalties for breaches, the impact of losing approval could be considerable, affecting the provider's operations and the students it serves. The revocation process is strictly procedural, focusing on the formal notification and the effective date of the revocation, rather than on punitive measures.

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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.