Higher Education Support (Impel Solutions Pty Ltd as Trustee for the Hall Investment Trust) VET Provider Approval Revocation 2016

Legislation au F2016L01794 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

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

 

Higher Education Support Act 2003

 

Higher Education Support (Impel Solutions Pty Ltd as Trustee for the Hall Investment Trust) 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 FEE‑HELP scheme.

 

Purpose

 

The purpose of this legislative instrument (the Instrument) is

 

(a)   to provide notice to Impel Solutions Pty Ltd as Trustee for the Hall Investment Trust (Impel) 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. 11 of 2014) (F2014L00217).

 

Background

 

Impel was approved by the Minister’s delegate as a VET provider pursuant to Higher Education Support Act 2003 - VET Provider Approval (No 11 of 2014)  which was registered on the Federal Register of Legislation on 4 March 2014 (F2014L00217).

 

On 14 October 2016 a delegate of the Minister gave Impel notice in writing of an intention to revoke Impel as a VET provider on the basis that it did not meet the VET financial viability requirements. Administrators were appointed to Impel and the company was placed in liquidation on 2 August 2016. The notice was issued in accordance with subclause 34(1) of Schedule 1A to the Act and invited Impel to make written submissions within 28 days concerning why its approval should not be revoked.

 

Impel 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, 5‑B 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 Impel in accordance with the process established under subclause 34(1) of Schedule 1A to the Act. No written submissions were made by Impel within the prescribed statutory timeframe in response to the proposed notice of intention to revoke it as a VET provider. As Impel 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 (Impel Solutions Pty Ltd as Trustee for the Hall Investment Trust) VET Provider Approval Revocation 2016

 

Section 1 - Name

 

This section provides that the name of the Instrument is the Higher Education Support (Impel Solutions Pty Ltd as Trustee for the Hall Investment Trust) 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 Impel’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 (Impel Solutions Pty Ltd as Trustee for the Hall Investment Trust) 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 Impel Solutions Pty Ltd as Trustee for the Hall Investment Trust (Impel) 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 Impel 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 Impel 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.

 

Dr James Hart

Delegate of the Minister for Education and Training

Overview

The Higher Education Support (Impel Solutions Pty Ltd as Trustee for the Hall Investment Trust) VET Provider Approval Revocation 2016 was enacted to revoke the approval of Impel Solutions Pty Ltd as a VET provider under the Higher Education Support Act 2003. The Act, enacted in 2003, empowers the Commonwealth to provide financial support for higher education and vocational education and training through grants, payments to providers, and student loans. The revocation instrument was introduced to address the breach of VET quality and accountability requirements or conditions by Impel Solutions Pty Ltd, as stipulated in Schedule 1A of the Act. The Minister for Education and Training, through a delegate, issued the revocation under clause 34 of Schedule 1A, ensuring due process by providing Impel with notice and an opportunity to make submissions, which it failed to do. The purpose of this legislative instrument is to formally notify Impel of the decision to revoke its approval and to revoke the earlier approval instrument registered in 2014.

Scope and Application

The Higher Education Support (Impel Solutions Pty Ltd as Trustee for the Hall Investment Trust) VET Provider Approval Revocation 2016, issued under the Higher Education Support Act 2003, specifically targets Impel Solutions Pty Ltd as Trustee for the Hall Investment Trust. This legislative instrument revokes the approval of Impel as a VET provider, thus impacting its eligibility to offer VET FEE-HELP assistance to students. The revocation follows a determination that Impel did not meet the VET financial viability requirements, leading to the decision to revoke its approval under the Act. This legislative instrument applies solely to Impel and concerns its status as a VET provider within the scope of the Higher Education Support Act 2003. The revocation process was conducted in accordance with the statutory requirements, including a notice period and opportunity for Impel to make submissions, which it failed to do. The revocation takes effect upon registration of the instrument on the Federal Register of Legislation, in line with the Act's provisions. This legislative instrument ensures compliance with human rights, particularly the right to education, by affirming that while Impel's ability to provide VET FEE-HELP is revoked, the right to education for affected students remains intact as they can seek assistance from other VET providers.

Key Provisions

The Higher Education Support (Impel Solutions Pty Ltd as Trustee for the Hall Investment Trust) VET Provider Approval Revocation 2016 provides the legal framework for revoking the approval of Impel Solutions Pty Ltd as a VET provider. Specifically, Section 5 of the Instrument provides for the notice required to be given by the Minister or their delegate when revoking a body’s approval as a VET provider under subclause 34(3) of Schedule 1A to the Higher Education Support Act 2003 (the Act). This section also revokes Impel’s approval by revoking the legislative instrument that initially approved it as a VET provider. The revocation is effective from the date the Instrument is registered, as per subclause 34(5) of Schedule 1A to the Act. The Act imposes certain obligations on parties such as Impel Solutions Pty Ltd, including adherence to VET quality and accountability requirements or conditions. The Act also mandates that the Minister or their delegate provide written notice to Impel of any intention to revoke its approval and allow a specified period for Impel to make submissions. Failure to comply with these obligations can lead to the revocation of approval. The Minister’s delegate has the authority to revoke approval if Impel fails to meet the required standards or conditions. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the document for the revocation of approval itself. However, the revocation of approval under clause 33 of Schedule 1A to the Act could indirectly affect Impel’s ability to offer VET FEE-HELP to students. The revocation does not affect Impel’s capacity to deliver education and training, but it does limit its ability to provide VET FEE-HELP assistance to students. Existing and prospective students may still obtain VET FEE-HELP from other VET providers. This ensures that the right to education for affected students remains engaged, as stated in the Statement of Compatibility with Human Rights.

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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.