EXPLANATORY STATEMENT
Issued by the Authority of the Delegate for the Minister for Education and Training
Higher Education Support Act 2003
Higher Education Support (Careers Australia Education 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 which 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 Careers Australia Education Institute Pty Ltd (In Liquidation) (Careers Australia) as a VET provider; and
(b) to revoke the legislative instrument Higher Education Support Act 2003 - VET Provider Approval (No.12 of 2011) ((F2011L01046).
Background
Careers Australia was approved by the Minister’s delegate as a VET provider pursuant to Higher Education Support Act 2003 - VET Provider Approval (No. 12 of 2011) which was registered on the former Federal Register of Legislative Instruments on 15 June 2011 (F2011L01046).
Careers Australia ceased to be listed as a registered training organisation on the National Register on 4 October 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 Careers Australia only affects Careers Australia which is already in liquidation.
Details of the Higher Education Support (Careers Australia Education 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 (Careers Australia Education 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 requirement 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 Careers Australia Education Institute Pty Ltd’s approval as a VET provider is revoked.
It also revokes the legislative instrument Higher Education Support Act 2003 - VET Provider Approval (No. 12 of 2011) 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 (Careers Australia Education 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 Careers Australia Education Institute Pty Ltd (In Liquidation) (Careers Australia) 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 Careers Australia 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 Careers Australia ceased providing vocational education to students when it went into administration and has activated its tuition assurance scheme for its students, no students will be disadvantaged as a result of this revocation.
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