EXPLANATORY STATEMENT
Higher Education Support Act 2003 (the Act)
Notice of Revocation of Approval as a VET provider under Subdivision 5-B of Schedule 1A to the Act
Issued under subsection 34(3) of Schedule 1A to the Act
Purpose and operation
In order to provide tuition that may attract a student entitlement to VET FEE-HELP, a vocational education and training provider must be approved as a ‘VET provider’ for the purposes of Schedule 1A to the Act.
The Act provides for the Minister or delegate to revoke a body’s approval as a VET provider in circumstances established by subdivision 5-B of Schedule 1A of the Act. Each cause for revocation under subdivision 5-B of Schedule 1A to the Act requires that the process established under section 34 of Schedule 1A of the Act be followed.
Subsection 34(3) of Schedule 1A of the Act establishes manner and form requirements for a Notice of Revocation of Approval to be given by the affected body.
Section 34(3A) establishes that the Notice of Revocation of Approval is a legislative instrument.
Once registered on the Federal Register of Legislative Instruments, the Notice of Revocation of Approval operates to give effect to the revocation of the notified body’s approval as a VET provider.
Background
Training and Development Australia Pty Ltd was approved by the Minister’s delegate as a VET provider on 29 May 2014 by Instrument of Approval No. 30 of 2014 and registered on the Federal Register of Legislative Instruments No F2014L00653 on 4 June 2014.
Consultation
The process established under section 34 of Schedule 1A of the Act involves consultation with the affected body, including providing such body with earlier notice that the Minister or delegate is considering revoking the body’s approval for specified reasons and the provision of an opportunity for the body to make relevant submissions (which the Minister or delegate is required to consider, if made).
The notified body was consulted in accordance with the process established under section 34 of
Schedule 1A of the Act.
Statement of Compatibility with Human Rights (prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)
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.
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 notified body 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 engage in education is unaffected as it does not remove the body’s ability to deliver education and training to students.