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Higher Education Support (John Paul ll Institute for Marriage and Family, Melbourne) Higher Education Provider Approval Revocation 2021

Higher Education Support (John Paul ll Institute for Marriage and Family, Melbourne) Higher Education Provider Approval Revocation 2021

Administered by Department of Education

Legislation au F2021L00429 In force Legislative Instrument

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EXPLANATORY STATEMENT

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

Higher Education Support Act 2003

Higher Education Support (John Paul ll Institute for Marriage and Family, Melbourne)

Higher Education Provider Approval Revocation 2021

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 through grants and other payments to providers, and through financial assistance to students (usually in the form of loans).

The Act provides for loans, called FEE-HELP assistance, to be made available to students enrolled in certain higher education courses. A body has to be approved by the Minister as a higher education provider before its students can receive FEE-HELP.

A body’s approval as a higher education provider must be revoked by the Minister in certain circumstances set out in Subdivision 22-AA of the Act. Subsection 22-2(1) of the Act provides that the Minister must revoke a body’s approval as a higher education provider if:

the body is no longer a registered higher education provider (within the meaning in the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act)); and
in a case where the Tertiary Education Quality and Standards Agency (TEQSA) has made either of the following decisions under the TEQSA Act, the decision has not been set aside or quashed, and is no longer subject to review:
- a decision under section 36 of that Act to refuse an application to renew the body’s registration under Part 3 of that Act;
- a decision under section 101 of that Act to cancel the body’s registration under Part 3 of that Act.

Subsection 22-2(2) of the Act provides that the Minister must notify the body in writing of the revocation. Subsection 22-2(3) provides that such a notice of revocation is a legislative instrument.

Under paragraph 238-5(1)(b) of the Act, the Minister has delegated his powers under section 22-2 of the Act to an APS employee with a classification of SES Employee Band 1 or higher with responsibility for the administration of the FEE-HELP scheme.

Purpose

The purpose of this legislative instrument (the Instrument) is:

(a) to provide notice to John Paul ll Institute for Marriage and Family, Melbourne of the revocation of its approval as a higher education provider, pursuant to subdivision 22-AA, section 22-2 of the Act; and

(b) to repeal the original notice of approval of John Paul ll Institute for Marriage and Family, Melbourne as a higher education provider. Notices of approval under paragraph 16-50(1)(b) are legislative instruments for the purposes of the Act.

Background

Section 16-27 of the Act provides that the Minister must not approve a body corporate as a higher education provider under section 16-25 of the Act unless the body is a ‘registered higher education provider’. A ‘registered higher education provider’ is a higher education provider

registered by TEQSA under Part 3 of the TEQSA Act and listed by TEQSA on the National Register of Higher Education Providers.

John Paul ll Institute for Marriage and Family, Melbourne (ABN: 27 788 943 586) withdrew its registration as a higher education provider with TEQSA, effective as of 30 June 2019.

John Paul ll Institute for Marriage and Family, Melbourne (ABN: 27 788 943 586) was approved by the Minister’s delegate as a higher education provider on 13 December 2012.

Subsection 22-2(1) of the Act provides that the Minister must revoke a body’s approval as a ‘higher education provider’ if the body is no longer a ‘registered higher education provider’, and a decision under the TEQSA Act to refuse an application to renew the body’s registration or to cancel the body’s registration, has not been set aside or quashed, and is no longer subject to review. Pursuant to subsection 22-2(2) of the Act, the Instrument notifies John Paul ll Institute for Marriage and Family, Melbourne in writing of the revocation of its approval in accordance with subsection 22-2(1) of the Act.

Consultation

The TEQSA National Register confirms that John Paul ll Institute for Marriage and Family, Melbourne has withdrawn its registration as a higher education provider. Further, the department’s records show that John Paul ll Institute for Marriage and Family, Melbourne is no longer providing higher education to students. No students will be affected by the Instrument and John Paul ll Institute for Marriage and Family, Melbourne is the only higher education provider affected by the Instrument.

Procedural Fairness

The procedural fairness requirements in subdivision 22-C of HESA do not apply to the Minister’s obligations to revoke approval in the circumstances provided for under subdivision 22-AA.

Statement of Compatibility with Human Rights

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

Higher Education Support (John Paul ll Institute for Marriage and Family, Melbourne) Higher Education Provider Approval Revocation 2021

The legislative instrument (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

Subsection 22-2(1) of the Higher Education Support Act 2003 (the Act) provides that the Minister must revoke a body’s approval as a higher education provider if:

the body is no longer a registered higher education provider (within the meaning in the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act)); and
in a case where the Tertiary Education Quality and Standards Agency (TEQSA) has made either of the following decisions under the TEQSA Act, the decision has not been set aside or quashed, and is no longer subject to review:
- a decision under section 36 of that Act to refuse an application to renew the body’s registration under Part 3 of that Act;
- a decision under section 101 of that Act to cancel the body’s registration under Part 3 of that Act.

Subsection 22-2(2) of the Act provides that the Minister must notify the body in writing of the revocation. Subsection 22-2(3) provides that such a notice of revocation is a legislative instrument.

The purpose of the Instrument is:

to provide notice to John Paul ll Institute for Marriage and Family, Melbourne of the revocation of its approval as a higher education provider pursuant to section 22-2 of the Act; and
to repeal the notice of approval of John Paul ll Institute for Marriage and Family, Melbourne as a higher education provider.

Human rights implications

The 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 may affect the provision of higher education by John Paul ll Institute for Marriage and Family, Melbourne as it revokes its approval as a higher education provider for the purposes of FEE-HELP under the Act thereby removing their ability to offer FEE-HELP assistance to students.

As John Paul ll Institute for Marriage and Family, Melbourne has ceased providing higher education to students and has activated its tuition assurance scheme, 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.

Damian Coburn

Delegate of the Minister

Details of the Higher Education Support (John Paul ll Institute for Marriage and Family, Melbourne) Higher Education Provider Approval Revocation 2021

Section 1 - Name

This section provides that the name of the Instrument is the Higher Education Support (John Paul ll Institute for Marriage and Family, Melbourne) Higher Education Provider Approval Revocation 2021.

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 subsection 22-2(2) of the Act.

Section 3 - Authority

This section provides that the authority for the Instrument is section 22-2 of the Act.

Section 4 - Definitions

This section provides a definition for the Act as it is used in the Instrument. A note clarifies that the term higher education provider has the same meaning as given in the Act.

Section 5 - Notice of Revocation of Approval as a Higher Education Provider

This section notifies John Paul ll Institute for Marriage and Family, Melbourne of the revocation of its approval as a higher education provider.

Overview

The Higher Education Support (John Paul II Institute for Marriage and Family, Melbourne) Higher Education Provider Approval Revocation 2021 was enacted under the authority of the Higher Education Support Act 2003. This legislative instrument was introduced to address the revocation of the approval of the John Paul II Institute for Marriage and Family, Melbourne as a higher education provider, following its withdrawal from the Tertiary Education Quality and Standards Agency’s (TEQSA) register. The purpose of the revocation was to comply with the provisions of the Higher Education Support Act 2003, which mandates that the Minister for Education must revoke the approval of a body as a higher education provider if it is no longer registered with TEQSA and if certain TEQSA decisions have not been set aside or quashed. This revocation was executed by the Minister, who delegated this authority to an Australian Public Service employee responsible for the administration of the FEE-HELP scheme. The enactment body for this instrument is the Parliament of Australia.

Scope and Application

The Higher Education Support (John Paul II Institute for Marriage and Family, Melbourne) Higher Education Provider Approval Revocation 2021 applies specifically to the John Paul II Institute for Marriage and Family, Melbourne, a higher education provider that has had its registration withdrawn with the Tertiary Education Quality and Standards Agency (TEQSA). The revocation of the Institute's approval under the Higher Education Support Act 2003 follows its cessation as a registered higher education provider and the finality of TEQSA's decision not to renew or cancel its registration. The revocation applies on a national level within Australia, as it pertains to the Commonwealth's regulation of higher education providers under the Act. The revocation notice also repeals the previous approval notice issued to the Institute. There are no stated exclusions, exemptions, or thresholds within the scope of this revocation; it is a specific action taken under the statutory requirements outlined in the Act. The Minister's power to revoke approval is delegated under the Act, and no subordinate instruments extend or restrict the application of this revocation.

Key Provisions

The Higher Education Support (John Paul II Institute for Marriage and Family, Melbourne) Higher Education Provider Approval Revocation 2021 (the Instrument) primarily consists of sections that notify the John Paul II Institute for Marriage and Family, Melbourne of the revocation of its approval as a higher education provider and repeal the original notice of approval. Under subsection 22-2(1) of the Higher Education Support Act 2003 (the Act), the Minister must revoke a body's approval as a higher education provider if certain conditions are met, including if the body is no longer a registered higher education provider and if certain decisions by the Tertiary Education Quality and Standards Agency (TEQSA) remain in effect. Subsection 22-2(2) requires the Minister to notify the body in writing of this revocation, which is executed through the Instrument. The Instrument also repeals the original notice of approval for the Institute as a higher education provider, as provided in section 5. The Act imposes specific obligations on the Minister concerning the revocation of higher education provider approval. The Minister must ensure that the Institute is no longer a registered higher education provider and that TEQSA's decisions concerning the Institute's registration remain in effect and are not under review. Once these conditions are verified, the Minister is required to notify the Institute in writing of the revocation of its approval, as mandated by subsection 22-2(2) of the Act. This notification is a formal legislative instrument, as outlined in subsection 22-2(3). The Minister has delegated this authority to an appropriate officer within the Australian Public Service, as per paragraph 238-5(1)(b) of the Act. Breach of the obligations under the Act could lead to various consequences. While the Instrument does not explicitly outline specific offences or penalties, failure to comply with the Act's provisions could potentially lead to legal actions for non-compliance or other administrative consequences. The Higher Education Support Act 2003, in general, includes provisions for penalties and enforcement actions against entities that fail to comply with its requirements. Although the specific penalties for non-compliance are not detailed in the Instrument, they could include fines or other administrative sanctions as provided under the Act. The revocation of approval itself is a significant administrative consequence, impacting the Institute's ability to offer FEE-HELP assistance to its students.

Area of Law: Education Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Repeal & Amendment; Reporting & Disclosure Obligations; Enforcement Powers

Interactions

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.

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