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.
Overview
The Higher Education Support Act 2003 (the Act) was enacted to provide a framework for the provision of financial assistance to students in higher education, particularly through mechanisms like VET FEE-HELP. The Act was introduced to address the need for regulation and support of vocational education and training providers, ensuring that students receive the necessary financial assistance to pursue their education. The Act was enacted by the Parliament of Australia and aims to support the quality and accessibility of higher education and vocational training. One aspect of this support involves the approval of vocational education and training (VET) providers, which is critical for students to access VET FEE-HELP. The Act allows the Minister or delegate to revoke a VET provider's approval if certain conditions are met, a process that is overseen by the relevant provisions of the Act, including the requirement for a Notice of Revocation of Approval. This notice is subject to registration on the Federal Register of Legislative Instruments, which formalises the revocation and ensures compliance with legislative requirements.
Scope and Application
The Higher Education Support Act 2003 applies to entities that provide vocational education and training (VET) services in Australia and seek to offer VET FEE-HELP to their students, thereby necessitating their approval as a VET provider under the Act. This Act outlines the process through which the Minister or a delegate can revoke the approval of a VET provider, which is a necessary step for those entities whose conduct or operations fail to meet the standards set out in the Act. The revocation process involves detailed consultation with the affected entity, providing them with prior notice and an opportunity to submit relevant arguments, which the Minister or delegate must then consider. The revocation takes effect once the Notice of Revocation of Approval is registered on the Federal Register of Legislative Instruments, and it removes the entity's eligibility to offer VET FEE-HELP assistance to its students. The Act applies across the Commonwealth, and its provisions are further detailed in subordinate instruments which extend or restrict its application as necessary.
Key Provisions
The main operative sections of the Higher Education Support Act 2003 relevant to the revocation of a VET provider's approval are sections 34 and 34(3) of Schedule 1A. Section 34 outlines the process by which the Minister or their delegate can revoke a body’s approval as a VET provider, and section 34(3) details the requirements for issuing a Notice of Revocation of Approval. According to these sections, the Minister or delegate must consult with the affected body, provide prior notice of the consideration to revoke approval, and allow the body to make submissions. The Notice of Revocation of Approval must adhere to the specified manner and form requirements, and once registered on the Federal Register of Legislative Instruments, it becomes effective, revoking the approval of the VET provider.
The obligations imposed by the Act on the parties or entities it governs include the requirement for a VET provider to be approved in order to offer tuition eligible for VET FEE-HELP. The Act mandates that the Minister or delegate must follow a formal process when considering the revocation of a provider’s approval. This process includes consulting with the affected body, providing an opportunity for the body to make submissions, and issuing a Notice of Revocation of Approval that meets the requirements set out in section 34(3) of Schedule 1A. Additionally, the Act ensures that the process respects human rights, particularly the right to education, while revoking the provider's ability to offer VET FEE-HELP assistance.
There are no specific offences, penalties, or civil/criminal consequences outlined in the explanatory statement for the breach of the Act’s provisions regarding the revocation of VET provider approval. However, the revocation of approval as a VET provider can have significant consequences for the affected body, such as the loss of eligibility to offer courses that attract VET FEE-HELP. This can impact the provider’s ability to attract students and maintain its operations. The revocation also affects the students who may no longer be able to access VET FEE-HELP for the courses offered by the provider. The legal process ensures that these changes are communicated clearly and that the affected body has the opportunity to respond, thereby maintaining fairness and procedural integrity.