EXPLANATORY STATEMENT
Approval and Notice of Approval under subclauses 6(1A) and 11(1) of Schedule 1A
to the Higher Education Support Act 2003
VET Provider Approval No. 3 of 2016
Issued by the authority of the Minister for Education and Training
Authority
Subclause 6(1A) of Schedule 1A to the Higher Education Support Act 2003 (HESA) provides for the approval of certain bodies as VET Providers by the Minister. Paragraph 11(1)(a) of Schedule 1A to HESA provides that the Minister must decide an application for approval as a VET Provider and under paragraph 11(1)(b) cause the applicant to be notified in writing whether or not the applicant is approved as a VET provider.
Subclause 12(1) of Schedule 1A to HESA stipulates that a notice of approval under paragraph 11(1)(b) of HESA is a legislative instrument.
Purpose
This instrument:
a. approves North Regional TAFE (ABN: 85 116 774 747) as a VET Provider under subclause 6(1A) of Schedule 1A to HESA from 11 April 2016;
b. decides the application of North Regional TAFE for the purposes of paragraph 11(1)(a) of Schedule 1A to HESA; and
c. gives North Regional TAFE notice of that approval for the purposes of paragraph 11(1)(b) of Schedule 1A to HESA.
Background
On 29 February 2016 the Commonwealth was notified by the Western Australian (WA) Minister for Training and Workforce Development that the functions of two approved VET providers, the Kimberley Training Institute and Pilbara Institute, were being transferred to North Regional TAFE with a date of effect of 11 April 2016.
Subclause 6(1A) of Schedule 1A to HESA provides for the approval of ‘other’ bodies specified in the VET Guidelines, including those bodies established to provide vocational education and training under certain state and territory legislation, including the Vocational Education and Training Act 1996 (WA). North Regional TAFE is such an entity.
In approving the application from North Regional TAFE the delegate of the Minister has considered whether the body meets the criteria for approval set out in subclause 6(1A) of Schedule 1A to HESA.
Commencement
The Commonwealth can ensure that there is no disadvantage to students that enrolled with the Kimberley Training Institute and the Pilbara Institute and are entitled to VET FEE-HELP only by granting approval of North Regional TAFE as a VET provider with retrospective effect.
Approval with effect from 11 April 2016 will ensure continuity of student arrangements as Kimberley Training Institute and Pilbara Institute cease and are effectively amalgamated into North Regional TAFE.
The purpose of the Commonwealth approving the VET provider in this manner is to ensure students are not disadvantaged or unable to continue their courses of study by the process of transferring functions required by the Western Australian Government decision to restructure its TAFE system.
The Instrument commenced on 11 April 2016. To avoid doubt, North Regional TAFE is taken to have been an approved VET Provider from 11 April 2016.
This retrospective commencement of the Instrument does not trigger subsection 12(2) of the Legislation Act 2003 because the Instrument is beneficial in nature and does not affect the rights or liabilities of a person (other than the Commonwealth) in respect of anything done or omitted to be done before the date of registration.
Consultation
Consultation was not undertaken in this case as the notice confers a benefit on North Regional TAFE and this body is the only body affected by the notice. This notice will not have a direct or substantial indirect effect on business, nor will it restrict competition.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Notice of approval
This 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 6(1A), paragraph 11(1)(b) and subclause 12(1) of Schedule 1A to HESA.
The purpose of the Instrument is to approve North Regional TAFE as a VET provider for the purposes of the VET FEE‑HELP Assistance Scheme under HESA. For approval as a VET Provider the Minister must be satisfied that the body meets the requirements of subclause 6(1A) of Schedule 1A to HESA.
Human rights implications
Right to education
The Instrument engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. In particular, this Instrument has an effect on the provision of vocational education and training by North Regional TAFE by approving it as a VET provider for the purposes of the VET FEE-HELP Assistance Scheme under HESA, enabling it to offer VET FEE‑HELP assistance to its eligible students.
The objective of the Instrument is to approve North Regional TAFE as a VET provider under HESA in a manner that ensures that eligible existing and future students of North Regional TAFE can continue to access VET FEE‑HELP assistance for VET courses of study.
To the extent that the right to education is engaged, this right is promoted by the Instrument as
the Instrument approves North Regional TAFE as a VET provider, thereby extending VET FEE‑HELP assistance and the availability of education to its eligible students.
Conclusion
This Instrument is compatible with human rights because it advances the protection of human rights.