Higher Education Support (Allied Educational Services Pty Ltd) VET Provider Approval Revocation 2016

Legislation au F2016L01593 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

 

Issued by the Authority of the Delegate for the Minister for Education and Training

 

Higher Education Support Act 2003

 

Higher Education Support (Allied Educational Services Pty Ltd) VET Provider Approval Revocation 2016

 

Authority

 

The Higher Education Support Act 2003 (the Act) provides the Commonwealth with powers to give financial support for higher education and certain vocational education and training (VET) through grants and other payments to providers, and through financial assistance to students (usually in the form of loans).

 

Schedule 1A to the Act provides for loans, called VET FEE-HELP assistance, to be made available to students enrolled in certain VET courses. A body has to be approved by the Minister as a VET provider before its students can receive VET FEE-HELP.

 

Clause 29B of Schedule 1A to the Act provides that the Minister must revoke the approval of a body if the body ceases to be listed as a registered training organisation on the National Register maintained in accordance with section 216 of the National Vocational Education and Training Regulator Act 2011. In cases where the body’s registration has ceased following a decision by the relevant VET regulator, the Minister may only make a decision under clause 29B once the body’s rights of review or appeal of that decision have either expired or been exhausted.

 

Under paragraph 238-5(1)(b) of the Act, the Minister has delegated the Minister’s powers under subclauses 29B(1) and 29B(2) of Schedule 1A to the Act to an APS employee with a classification of SES Employee Band 1 or higher with responsibility for the administration of the VET FEE-HELP scheme.

 

 

 

Purpose

 

The purpose of this legislative instrument (the Instrument) is

 

(a)   to revoke the approval of Allied Educational Services Pty Ltd (Allied) as a VET provider; and

(b)   to revoke the legislative instrument Higher Education Support Act 2003 - VET Provider Approval (No.26 of 2010) (F2010L03325).

 

Background

 

Allied was approved by the Minister’s delegate as a VET provider pursuant to Higher Education Support Act 2003 - VET Provider Approval (No. 26 of 2010) which was registered on the Federal Register of Legislation on 21 December 2010 (F2010L03325).

 

Allied ceased to be listed as a registered training organisation on the National Register on 30 June 2016, that registration having been cancelled with the consent of Allied.

 

This Instrument is a notice of revocation given under subclause 29B(2) of Schedule 1A to the Act.

 

In accordance with paragraph 29(a) of Schedule 1A to the Act, a body ceases to be approved as a VET provider if a decision to revoke the approval is in effect under Subdivision 5-AA.

 

Consistent with the requirements of subclauses 29B(2) and 29B(4) of Schedule 1A to the Act, the revocation takes effect on the day that the Instrument is registered.

 

Consultation

 

Consultation was not undertaken and was not considered necessary as the revocation of the approval as a VET provider of Allied is for the purposes of VET FEE-HELP, and Allied is the only body affected by the Instrument.

 

The Instrument is a legislative instrument for the purposes of the Legislation Act 2003 (subclause 29B(3) of Schedule 1A to the Act).

 

The Instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in the Attachment.


Details of the Higher Education Support (Allied Educational Services Pty Ltd) VET Provider Approval Revocation 2016

 

Section 1 - Name

 

This section provides that the name of the Instrument is the Higher Education Support (Allied Educational Services Pty Ltd) VET Provider Approval Revocation 2016 (the Instrument).

 

Section 2 - Commencement

 

This section provides that the Instrument commences on the day that the Instrument is registered on the Federal Register of Legislation. This is consistent with the requirement in subclause 29B(2) of Schedule 1A to the Act.

 

Section 3 - Authority

 

This section provides that the authority for the Instrument is under clause 29B of Schedule 1A to the Act.

 

Section 4 - Definitions

 

This section provides definitions for terms used in the Instrument.

Section 5 – Notice of Decision to Revoke Approval As A VET Provider

 

This section makes it clear that Allied Educational Services Pty Ltd’s approval as a VET provider is revoked.

 

It also revokes the legislative instrument which notified its original approval.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Higher Education Support (Allied Educational Services Pty Ltd) VET Provider Approval Revocation 2016

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 Instrument

Clause 29B of Schedule 1A to the Higher Education Support Act 2003 (the Act) provides that the Minister may, by legislative instrument, revoke a body’s approval as a VET provider if the body ceases to be a registered training organisation.

 

The purpose of this Instrument is to revoke the approval of Allied Educational Services Pty Ltd as a VET provider under clause 29B of Schedule 1A to the Act.

 

Human rights implications

This Instrument engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights.

In particular, this Instrument may affect the provision of vocational education and training (VET) by Allied Educational Services Pty Ltd as it revokes its approval as a VET provider for the purposes of VET FEE-HELP under the Act which removes its ability to offer VET FEE-HELP assistance to certain students.

However, this instrument does not affect the capacity of Allied Educational Services Pty Ltd to continue to deliver education and training, it only removes its ability to offer VET FEE-HELP to students enrolled in its courses; existing and prospective students may obtain VET FEE-HELP training from another VET provider. Consequently, the right to education for affected students remains engaged.

Conclusion

This Instrument is compatible with human rights as it does not raise any human rights issues.

 

Maryann Quagliata

Delegate of the Minister

Overview

The Higher Education Support (Allied Educational Services Pty Ltd) VET Provider Approval Revocation 2016 is an instrument enacted under the Higher Education Support Act 2003. This Act empowers the Commonwealth to provide financial support for higher education and certain vocational education and training (VET) via grants and payments to providers, and financial assistance to students, typically in the form of loans. The revocation instrument was enacted to address the specific issue of Allied Educational Services Pty Ltd (Allied) no longer being eligible for approval as a VET provider following its deregistration as a training organisation. The Higher Education Support Act 2003 mandates that a body must be approved as a VET provider to allow its students to receive VET FEE-HELP assistance. This revocation ensures compliance with the Act by removing Allied's eligibility for VET FEE-HELP assistance, thereby maintaining the integrity of the financial support scheme. The revocation was authorised by the Minister for Education and Training, who delegated the relevant powers under the Higher Education Support Act 2003 to an SES Employee Band 1 or higher employee with administrative responsibility for the VET FEE-HELP scheme. The policy objective of this revocation is to uphold the standards of the VET FEE-HELP scheme by ensuring that only eligible providers can participate, thereby protecting the interests of students who rely on such financial assistance for their vocational education and training.

Scope and Application

The Higher Education Support (Allied Educational Services Pty Ltd) VET Provider Approval Revocation 2016 applies specifically to Allied Educational Services Pty Ltd, a body that was previously approved as a vocational education and training (VET) provider under the Higher Education Support Act 2003. The Act, which is administered at the Commonwealth level, provides for financial support for higher education and certain VET courses through grants, payments, and financial assistance to students, including the VET FEE-HELP scheme. The revocation of Allied's approval under clause 29B of Schedule 1A to the Act follows its cessation from the National Register of registered training organisations, a condition that triggers the automatic revocation of its VET provider status. This legislative instrument revokes Allied's approval and the corresponding legislative instrument that initially approved it as a VET provider. The revocation takes effect on the day the instrument is registered, consistent with the requirements of the Act. Notably, this revocation does not affect Allied's capacity to deliver education and training but limits its ability to offer VET FEE-HELP assistance to students enrolled in its courses.

Key Provisions

The main sections of the Higher Education Support (Allied Educational Services Pty Ltd) VET Provider Approval Revocation 2016 (the Instrument) revolve around the revocation of Allied Educational Services Pty Ltd's (Allied) approval as a VET provider and the legislative instrument that originally notified its approval. Section 1 states the name of the Instrument, while Section 2 indicates that the Instrument commences on the day it is registered on the Federal Register of Legislation. Section 3 identifies the authority for the Instrument under clause 29B of Schedule 1A to the Act, and Section 4 provides definitions for terms used within the Instrument. Finally, Section 5 makes it clear that Allied's approval as a VET provider is revoked, along with the revocation of the legislative instrument that notified its original approval. The Act imposes certain obligations on Allied, primarily concerning their status as a VET provider. The key requirement is that Allied must maintain its listing as a registered training organisation on the National Register, in accordance with section 216 of the National Vocational Education and Training Regulator Act 2011. If Allied ceases to be listed, the Minister must revoke their approval as a VET provider under clause 29B of Schedule 1A to the Act. Additionally, if the Minister's decision to revoke approval follows a decision by the relevant VET regulator, the Minister can only make the decision once the body's rights of review or appeal of that decision have either expired or been exhausted. Furthermore, the Minister's powers under subclauses 29B(1) and 29B(2) of Schedule 1A to the Act have been delegated to an APS employee with a classification of SES Employee Band 1 or higher with responsibility for the administration of the VET FEE-HELP scheme. The Instrument outlines potential consequences for breach, including the revocation of Allied's approval as a VET provider. The revocation takes effect on the day that the Instrument is registered, as per subclause 29B(2) of Schedule 1A to the Act. Although Allied ceases to be approved as a VET provider if a decision to revoke the approval is in effect, the revocation only impacts Allied's ability to offer VET FEE-HELP assistance to certain students. It does not affect Allied's capacity to continue delivering education and training, as existing and prospective students may obtain VET FEE-HELP training from another VET provider. Consequently, the right to education for affected students remains engaged. The Instrument is compatible with human rights as it does not raise any human rights issues, as stated in the Statement of Compatibility with Human Rights prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

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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.