Higher Education Support (Australian Vocational Learning Institute Pty Ltd (In Liquidation)) VET Provider Approval Revocation 2017

Legislation au F2018L00086 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 (Australian Vocational Learning Institute Pty Ltd (In Liquidation)) VET Provider Approval Revocation 2017

 

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.

 

The Act contains an express power of revocation in subclause 29B(1) of Schedule 1A to the Act requires the Minister to revoke the approval of a body if the body ceases to be listed as a registered training organisation on the National Register. The National Register referred to is 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 must make a decision under clause 29B once the decision by the VET regulator is no longer subject to review.

 

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.

 

Subclause 29B(3) of the Act provides that the instrument is a legislative instrument for the purposes of the Legislation Act 2003, but is exempt from disallowance under section 42 of that Act.

 

Purpose

 

The purpose of this legislative instrument (the Instrument) is

 

(a)   to revoke the approval of Australian Vocational Learning Institute Pty Ltd (In Liquidation) (AVLI) as a VET provider; and

(b)   to revoke the legislative instrument Higher Education Support Act 2003 - VET Provider Approval (No.10 of 2013) (F2013L00515).

 

 

 

 

Background

 

AVLI was approved by the Minister’s delegate as a VET provider pursuant to Higher Education Support Act 2003 - VET Provider Approval (No. 10 of 2013) which was registered on the Federal Register of Legislation on 20 March 2013 (F2013L00515).

 

AVLI ceased to be listed as a registered training organisation on the National Register on 20 March 2017.

 

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 as it was not considered necessary to consult as the revocation of the approval as a VET provider of AVLI only affects AVLI which is already in liquidation.

 


Details of the Higher Education Support (Australian Vocational Learning Institute Pty Ltd (In Liquidation)) VET Provider Approval Revocation 2017

 

Section 1 - Name

 

This section provides that the name of the Instrument is the Higher Education Support (Australian Vocational Learning Institute Pty Ltd)(In Liquidation)) VET Provider Approval Revocation 2017 (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 requirements in subclauses 29B(2) and (4) 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 provides that Australian Vocational Learning Institute Pty Ltd (In Liquidation)’s approval as a VET provider is revoked.

 

It also revokes the legislative instrument Higher Education Support Act 2003 - VET Provider Approval (No.10 of 2013) which notified its original approval as a VET provider.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Statement of Compatibility with Human Rights

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

Higher Education Support (Australian Vocational Learning Institute Pty Ltd (In Liquidation)) VET Provider Approval Revocation 2017

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 must, 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 Australian Vocational Learning Institute Pty Ltd (In Liquidation) (AVLI) as a VET provider under clause 29B of Schedule 1A to the Act.

 

Human rights implications

This Instrument engages, but does not limit, the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. Article 13 recognises the right of everyone to education, which is directed towards the full development of the human personality and the sense of its dignity and to enable all persons to participate effectively in society.

The Instrument engages the right to education to the extent that it may affect the provision of vocational education and training (VET) by AVLI 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.

As AVLI reported no VET FEE-HELP students when it went into administration, an activation under its tuition assurance scheme was not required. The department anticipates that no students will be disadvantaged as a result of this revocation.

The instrument is compatible with the right to education.

 

Conclusion

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

 

Brendan Morling

Delegate of the Minister for Education and Training

 

Overview

The Higher Education Support (Australian Vocational Learning Institute Pty Ltd (In Liquidation)) VET Provider Approval Revocation 2017, enacted by the Australian Government, addresses the issue of revoking the approval of Australian Vocational Learning Institute Pty Ltd (In Liquidation) as a VET provider under the Higher Education Support Act 2003. This revocation was necessitated when the Australian Vocational Learning Institute Pty Ltd ceased to be listed as a registered training organisation on the National Register. The Minister for Education and Training, through a delegate, exercised the powers provided under subclause 29B(1) of Schedule 1A to the Act, which mandates the revocation of a VET provider's approval if it is delisted from the National Register. The purpose of this legislative instrument is to revoke the approval of the AVLI as a VET provider and to revoke the legislative instrument that originally granted its approval. The revocation is consistent with the requirements of the Act and takes effect upon registration, as outlined in subclauses 29B(2) and (4) of Schedule 1A to the Act. The Minister's powers under this provision were delegated to an appropriate public servant responsible for the administration of the VET FEE-HELP scheme.

Scope and Application

The Higher Education Support Act 2003, as modified by the Higher Education Support (Australian Vocational Learning Institute Pty Ltd (In Liquidation)) VET Provider Approval Revocation 2017, applies to entities approved as Vocational Education and Training (VET) providers under Schedule 1A of the Act. Specifically, this Act mandates the revocation of approval for any VET provider that ceases to be listed as a registered training organisation on the National Register. The Act operates on a national level, affecting VET providers across Australia. The revocation of approval is triggered automatically under subclause 29B(1) of Schedule 1A when a provider's registration on the National Register is terminated, following a decision by the relevant VET regulator. The Minister for Education and Training has the authority to execute this revocation, which is further delegated to a specific employee within the Australian Public Service. The revocation instrument is exempt from disallowance under the Legislation Act 2003, ensuring its immediate effect upon registration. The revocation affects solely the Australian Vocational Learning Institute Pty Ltd (In Liquidation), which reported no VET FEE-HELP students at the time of its liquidation, thus ensuring no students are disadvantaged by the revocation.

Key Provisions

The Higher Education Support (Australian Vocational Learning Institute Pty Ltd (In Liquidation)) VET Provider Approval Revocation 2017 (the Instrument) is founded under clause 29B of Schedule 1A of the Higher Education Support Act 2003 (the Act). Section 5 of the Instrument revokes the approval of Australian Vocational Learning Institute Pty Ltd (In Liquidation) (AVLI) as a VET provider. This revocation also nullifies the legislative instrument Higher Education Support Act 2003 - VET Provider Approval (No.10 of 2013) which originally approved AVLI as a VET provider (section 5). The Instrument takes effect on the day it is registered, in line with the requirements set out in subclauses 29B(2) and (4) of Schedule 1A of the Act (section 2). The obligations imposed by the Act on the parties it governs include the necessity for the Minister to revoke the approval of a body if it ceases to be listed as a registered training organisation on the National Register, which is maintained according to section 216 of the National Vocational Education and Training Regulator Act 2011 (subclause 29B(1) of Schedule 1A). In cases where the body’s registration has ceased due to a decision by the relevant VET regulator, the Minister must act under clause 29B once the decision by the VET regulator is no longer subject to review (subclause 29B(1) of Schedule 1A). The Minister has delegated these powers to an APS employee with a classification of SES Employee Band 1 or higher who is responsible for administering the VET FEE-HELP scheme (paragraph 238-5(1)(b)). For breaches of the provisions outlined in the Act, there are specific consequences detailed. The revocation of AVLI’s approval as a VET provider under clause 29B of Schedule 1A means that AVLI can no longer offer VET FEE-HELP assistance to students. This legislative instrument is exempt from disallowance under section 42 of the Legislation Act 2003 (subclause 29B(3)). While the revocation may affect the right to education as recognised in Article 13 of the International Covenant on Economic, Social, and Cultural Rights, the Instrument is compatible with human rights as it does not raise any human rights issues and does not limit the right to education, considering AVLI reported no VET FEE-HELP students when it went into administration.

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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.