Higher Education Support (King’s International College Ltd) VET Provider Approval Revocation 2016

Legislation au F2016L01595 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

 

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

 

Higher Education Support Act 2003

 

Higher Education Support (King’s International College 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 (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.

 

Clause 29B of Schedule 1A to the Act provides that the Minister must revoke the approval of a body if the body ceases to be listed as a registered training organisation on the National Register 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 may only make a decision under clause 29B once the body’s rights of review or appeal of that decision have either expired or been exhausted.

 

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.

 

 

 

Purpose

 

The purpose of this legislative instrument (the Instrument) is

 

(a)   to revoke the approval of King’s International College Ltd (King’s) as a VET provider; and

(b)   to revoke the legislative instrument Higher Education Support Act 2003 - VET Provider Approval (No. 38 of 2009) (F2009L03963).

 

Background

 

King’s was approved by the Minister’s delegate as a VET provider pursuant to Higher Education Support Act 2003 - VET Provider Approval (No. 38 of 2009) which was registered on the Federal Register of Legislation on 20 October 2009 (F2009L03963).

 

King’s ceased to be listed as a registered training organisation on the National Register on 27 November 2015, that registration having been cancelled with the consent of King’s.

 

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 and was not considered necessary as the revocation of the approval as a VET provider of King’s is for the purposes of VET FEE-HELP, and King’s is the only body affected by the Instrument.

 

The Instrument is a legislative instrument for the purposes of the Legislation Act 2003 (subclause 29B(3) 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 (King’s International College Ltd) VET Provider Approval Revocation 2016

 

Section 1 - Name

 

This section provides that the name of the Instrument is the Higher Education Support (King’s International College 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 29B(2) 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 makes it clear that King’s International College Ltd’s approval as a VET provider is revoked.

 

It also revokes 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 (King’s International College 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

Clause 29B 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 if the body ceases to be a registered training organisation.

 

The purpose of this Instrument is to revoke the approval of King’s International College Ltd (King’s) as a VET provider under clause 29B 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 King’s 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 King’s 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.

 

Maryann Quagliata

Delegate of the Minister

Overview

The Higher Education Support Act 2003 was enacted to facilitate the provision of financial support for higher education and certain vocational education and training (VET) in Australia. This Act empowers the Commonwealth to offer grants, payments, and financial assistance, such as student loans, to educational providers and students. The purpose of this legislation is to ensure that students have access to affordable higher education and VET, which in turn supports the development of a skilled workforce and enhances socio-economic opportunities. The enacting body responsible for this Act is the Australian Parliament, with the overarching policy objective being to improve access to and participation in higher education and VET by making it more financially accessible. In 2016, a legislative instrument was introduced to revoke the approval of King’s International College Ltd as a VET provider under the Higher Education Support Act 2003. This revocation was enacted due to King’s ceasing to be listed as a registered training organisation on the National Register. The revocation aims to align with the provisions of Schedule 1A, which mandates the revocation of approval for VET providers whose registration has been cancelled. This legislative instrument was issued under the authority of the Minister for Education and Training, and it serves to ensure that only entities meeting the required regulatory standards can participate in the VET FEE-HELP scheme, thereby protecting the integrity and effectiveness of the financial support system for vocational education.

Scope and Application

The Higher Education Support (King’s International College Ltd) VET Provider Approval Revocation 2016, issued under the Higher Education Support Act 2003, revokes the approval of King’s International College Ltd as a VET provider. This revocation follows King’s cessation as a registered training organisation on the National Register. The revocation is in accordance with clause 29B of Schedule 1A to the Act, which mandates the Minister to revoke approval if a body is no longer listed as a registered training organisation on the National Register. The revocation applies specifically to King’s and affects its ability to offer VET FEE-HELP assistance to students, although it does not impact the institution’s capacity to deliver education and training. The revocation is effective from the date the Instrument is registered, as required by subclause 29B(2) of Schedule 1A to the Act. The Minister's powers under the Act have been delegated to a specified SES employee, ensuring that the decision is implemented in line with the legislative provisions.

Key Provisions

The Higher Education Support (King’s International College Ltd) VET Provider Approval Revocation 2016 (the Instrument) revokes the approval of King’s International College Ltd as a VET provider under clause 29B of Schedule 1A to the Higher Education Support Act 2003 (the Act). The Instrument also revokes the legislative instrument Higher Education Support Act 2003 - VET Provider Approval (No. 38 of 2009). This revocation occurs as King’s is no longer listed as a registered training organisation on the National Register maintained in accordance with section 216 of the National Vocational Education and Training Regulator Act 2011. The Instrument imposes specific obligations on King’s International College Ltd by revoking its status as a VET provider, thereby prohibiting it from offering VET FEE-HELP assistance to students enrolled in its courses. The approval revocation ensures that King’s cannot participate in the VET FEE-HELP scheme, which is administered by the Commonwealth through the Higher Education Support Act. This revocation is mandated by clause 29B of Schedule 1A to the Act, which requires the Minister to take such action if a body ceases to be a registered training organisation. There are no specific offences, penalties, or civil/criminal consequences outlined in the Instrument for King’s International College Ltd’s failure to comply with the revocation, as the revocation itself is the consequence of the non-compliance with the requirements to remain listed as a registered training organisation. However, the revocation ensures that King’s cannot offer VET FEE-HELP assistance to students, which was a condition of its approval as a VET provider under the Act. The Minister’s powers under subclauses 29B(1) and 29B(2) of Schedule 1A to the Act have been delegated to an APS employee with a classification of SES Employee Band 1 or higher, who is responsible for the administration of the VET FEE-HELP scheme. The revocation takes effect on the day the Instrument is registered, in accordance with the requirements of the Act.

Legal classification tags

Area of Law
Education Law
Instrument
Legislative Instrument
Concepts
Repeal & Amendment
Reporting & Disclosure Obligations
Offence Provisions

Interactions

Authorises

All Versions

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.