Higher Education Support (College of Creative Design and Arts Pty Ltd) VET Provider Approval Revocation 2016

Legislation au F2016L01175 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Delegate for the Minister for Vocational Education and Skills

 

Higher Education Support Act 2003

 

Higher Education Support (College of Creative Design and Arts 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 (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.

 

A body’s approval as a VET provider may be revoked by the Minister in certain circumstances, some of which are set out in Subdivision 5-B of Schedule 1A to the Act.

 

Clause 33 of Schedule 1A to the Act provides that the Minister may revoke a body’s approval as a VET provider for a breach of the VET quality and accountability requirements or conditions. Before doing so, the Minister must comply with the requirements of clause 34, which sets out the process for revoking approval.

 

Under paragraph 238-5(1)(b) of the Act, the Minister has delegated his or her powers under clauses 33 and 34 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 FEEHELP scheme.

 

Purpose

 

The purpose of this legislative instrument (the Instrument) is

 

(a)   to provide notice to College of Creative Design and Arts Pty Ltd (CCDA) of the decision to revoke its approval as a VET provider; and

(b)   to revoke the legislative instrument Higher Education Support Act 2003 - VET Provider Approval (No. 28 of 2013) (F2013L01319).

 

Background

 

CCDA was approved by the Minister’s delegate as a VET provider pursuant to Higher Education Support Act 2003 - VET Provider Approval (No. 28 of 2013) which was registered on the Federal Register of Legislation on 4 July 2013 (F2013L01319)).

 

On 19 May 2016 a delegate of the Minister gave CCDA notice in writing of an intention to revoke CCDA as a VET provider on the basis that it did not meet the VET financial viability requirements. Administrators were appointed to CCDA on 10 February 2016 and the company was placed in liquidation on 15 March 2016. The notice was issued in accordance with subclause 34(1) of Schedule 1A to the Act and invited CCDA to make written submissions within 28 days concerning why its approval should not be revoked.

 

CCDA did not make any written submissions within the 28 day period.

 

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, 5B or 5-D.

 

This Instrument is a notice of revocation given under clause 34 of Schedule 1A to the Act.

 

Consistent with the requirements of subclause 34(5) of Schedule 1A to the Act, the revocation takes effect on the day that the Instrument is registered.

 

Consultation

 

Consultation was undertaken with CCDA in accordance with the process established under subclause 34(1) of Schedule 1A to the Act. No written submissions were made by CCDA within the prescribed statutory timeframe in response to the proposed notice of intention to revoke it as a VET provider. As CCDA is the only body affected by the Instrument, further consultation with other entities was considered not necessary.

 

The Instrument is a legislative instrument for the purposes of the Legislation Act 2003 (subclause 34(3A) 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 (College of Creative Design and Arts Pty Ltd) VET Provider Approval Revocation 2016

 

Section 1 - Name

 

This section provides that the name of the Instrument is the Higher Education Support (College of Creative Design and Arts 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 34(5) of Schedule 1A to the Act.

 

 


Section 3 - Authority

 

This section provides that the authority for the Instrument is under clauses 33 and 34 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 for the notice required to be given under subclause 34(3) by the Minister or his or her delegate following a decision to revoke a body’s approval as a VET Provider under the Act.

 

It also makes clear that CCDA’s approval as a VET provider is revoked by revoking 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 (College of Creative Design and Arts 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

Clauses 33 and 34 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 under Subdivision 5-B of Schedule 1A to the Act.

 

The purpose of this Instrument is to provide notice to College of Creative Design and Arts Pty Ltd (CCDA) of a decision to revoke its approval as a VET provider under subclause 33(1) of Schedule 1A to the Act (Revocation of approval as a provider for a breach of the VET quality and accountability requirements or of conditions).

 

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 CCDA as it revokes its approval as a VET provider for the purposes of VET FEEHELP 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 CCDA 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.

 

Brendan Morling

Delegate of the Minister

Overview

The Higher Education Support (College of Creative Design and Arts Pty Ltd) VET Provider Approval Revocation 2016 is a legislative instrument issued under the authority of the Minister for Vocational Education and Skills, pursuant to the Higher Education Support Act 2003. The Act provides the Commonwealth with the power to offer financial support for higher education and certain vocational education and training (VET) through grants and payments to providers, and through financial assistance to students. The purpose of this instrument is to revoke the approval of College of Creative Design and Arts Pty Ltd as a VET provider, which was previously granted under the Higher Education Support Act 2003 - VET Provider Approval (No. 28 of 2013). The revocation is based on the company's failure to meet the VET financial viability requirements. The Minister's delegate provided written notice to CCDA of the intention to revoke its approval, inviting submissions within 28 days, which CCDA failed to provide. Consequently, the revocation takes effect on the day that the instrument is registered. The policy objective of this legislative instrument is to ensure that VET providers meet the necessary quality, accountability, and financial viability standards, thereby protecting students’ access to quality education and maintaining the integrity of the VET FEE-HELP scheme. The revocation does not impact CCDA's ability to continue providing education and training but limits its capacity to offer VET FEE-HELP to students, ensuring that only compliant providers can participate in the scheme. This measure aligns with the overarching goal of the Higher Education Support Act 2003 to provide a robust framework for the delivery of quality education and training.

Scope and Application

The Higher Education Support (College of Creative Design and Arts Pty Ltd) VET Provider Approval Revocation 2016 is a legislative instrument issued 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) through grants, payments to providers, and student loans. The Act applies to entities approved as VET providers, enabling them to offer VET FEE-HELP assistance to students enrolled in specific courses. The revocation of the College of Creative Design and Arts Pty Ltd's (CCDA) approval as a VET provider is based on the entity's failure to meet VET financial viability requirements, as outlined in the Act. The Minister, or a delegate, may revoke a VET provider's approval under specific circumstances, including breaches of quality and accountability requirements or conditions, as detailed in the Act. The revocation process requires notice to the entity and an opportunity for submissions before a decision is made. This legislative instrument specifically revokes CCDA’s approval and removes its ability to offer VET FEE-HELP, while the right to education for affected students remains intact as they can seek assistance from other VET providers.

Key Provisions

The Higher Education Support (College of Creative Design and Arts Pty Ltd) VET Provider Approval Revocation 2016, issued under the Higher Education Support Act 2003 (the Act), revokes the approval of the College of Creative Design and Arts Pty Ltd (CCDA) as a VET provider, a decision that was made by a delegate of the Minister. This revocation takes effect on the day the Instrument is registered on the Federal Register of Legislation (section 2). The revocation is based on clauses 33 and 34 of Schedule 1A to the Act, which provide the authority for the Minister to revoke a body's approval as a VET provider under certain circumstances (section 3). The Instrument also serves to revoke the previous legislative instrument that approved CCDA as a VET provider (section 5). The Act imposes certain obligations on VET providers, including adherence to the VET quality and accountability requirements and conditions. CCDA, as a VET provider, was required to meet these standards to maintain its approval. The revocation process outlined in the Act mandates that the Minister must provide written notice of the intention to revoke approval and allow the provider a specific period to submit written submissions in response. CCDA was notified on 19 May 2016 of the intention to revoke its approval, but it failed to make any written submissions within the 28-day period specified by the Act (Clause 34). As a result, the Minister's decision to revoke CCDA's approval as a VET provider is now in effect. Failure to comply with the VET quality and accountability requirements or conditions can result in the revocation of a VET provider's approval, as outlined in clause 33 of Schedule 1A to the Act. The Minister's delegate, who has the authority to revoke approval, determined that CCDA did not meet the VET financial viability requirements, leading to the decision to revoke its approval. This revocation means that CCDA can no longer offer VET FEE-HELP assistance to its students. The consequences of this revocation are significant for CCDA and its students, as it limits the availability of financial assistance for vocational education and training courses provided by CCDA.

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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.