EXPLANATORY STATEMENT
Issued by the Authority of the Delegate for the Minister for Small and Family Business, Skills and Vocational Education
Higher Education Support Act 2003
Higher Education Support (Churchill Education Pty Ltd as trustee for Decelle Investment Trust, ACN 120 692 159)
VET Provider Approval Revocation 2018
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 assistance.
Subclause 39(1) of Schedule 1A to the Act requires the Minister to revoke the approval of a body as a VET provider if the body requests in writing that the Minister revoke its approval.
Subclause 39(2A) of Schedule 1A to the Act provides that, after the revocation, the body will continue to be subject to a number of provisions in the Act and in the Higher Education Support (VET) Guideline 2015 (Guidelines) as if the body were still approved as a VET provider. For the purposes of sub-paragraph 39(2A)(b)(ii) of Schedule 1A to the Act, the provisions in the Act that will continue to apply are clauses 23, 26, 46, 48-51 and 56 of Schedule 1A to the Act. The provisions in the Guidelines that will continue to apply are subsection 31(3), and sections 33, 39, 42, 43 and 65.
Under paragraph 238-5(1)(b) of the Act, the Minister has delegated the Minister’s powers under clause 39 of Schedule 1A to the Act to an Executive Level 2 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 Churchill Education Pty Ltd as trustee for Decelle Investment Trust (the Provider) as a VET provider; and
(b) to revoke the legislative instrument Higher Education Support Act 2003 - VET Provider Approval (No.46 of 2013) (F2013L01705).
Background
The Provider was approved by the Minister’s delegate as a VET provider pursuant to the Higher Education Support Act 2003 - VET Provider Approval (No.46 of 2013) which was registered on the Federal Register of Legislation on 18 September 2013 (F2013L01705).
The Provider has requested its approval as a VET provider be revoked. No date was specified by the Provider as to when the revocation was to take effect.
Consistent with the requirements of subclause 39(5) of Schedule 1A to the Act, the revocation takes effect on the day specified in the Instrument.
Consultation
Consultation was not undertaken and was not considered necessary as the Provider is the only body affected by the Instrument. A body is approved as a VET provider to enable its students to receive VET FEE-HELP assistance – the Provider no longer has any students who are in receipt of VET FEE-HELP assistance.
The Instrument is a legislative instrument for the purposes of the Legislation Act 2003 (subclause 39(4) 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 (Churchill Education Pty Ltd as trustee for Decelle Investment Trust) VET Provider Approval Revocation 2018
Section 1 - Name
This section provides that the name of the Instrument is the Higher Education Support (Churchill Education Pty Ltd as trustee for Decelle Investment Trust) VET Provider Approval Revocation 2018 (the Instrument).
Section 2 - Commencement
This section provides that the Instrument commences on the day after it is registered on the Federal Register of Legislation.
Section 3 - Authority
This section provides that the authority for the Instrument is under clause 39 of Schedule 1A to the Act.
Section 4 - Definitions
This section provides definitions for terms used in the Instrument.
Section 5 – Notice of Revocation of Approval as a VET Provider
This section makes it clear that the provider’s approval as a VET provider is revoked.
It also revokes the legislative instrument which provided for the original approval of the Provider as a VET provider.
Section 6 – Provisions of Act and VET Guidelines which continue to apply
This section provides that certain provisions continue to apply to the Provider under the Act and VET Guidelines to ensure that appropriate safeguards are in place for students. For instance, the Provider must continue to comply with the Australian Privacy Principles in respect of VET personal information.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Higher Education Support (Churchill Education Pty Ltd as trustee for Decelle Investment Trust) VET Provider Approval Revocation 2018
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 39 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 requests the Minister in writing to revoke the approval.
The purpose of this Instrument is to revoke the approval of Churchill Education Pty Ltd as trustee for Decelle Investment Trust as a VET provider under subclause 39(1) 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 the Provider 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 the provider to continue to deliver education and training, it only means that the provider’s students are not entitled to VET FEE-HELP assistance - the provider has confirmed that it no longer has any enrolled students who are in receipt of VET-FEE HELP assistance. Furthermore, existing and prospective students may obtain income contingent loans if the provider is approved to offer VET Student Loans. 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.
Shelley Owen
Delegate of the Minister