Higher Education Support (Metro Screen Limited) VET Provider Approval Revocation 2016

Legislation au F2016L01263 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 (Metro Screen Limited) 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 Metro Screen Limited as a VET provider; and

(b)   to revoke the legislative instrument Higher Education Support Act 2003 - VET Provider Approval (No.33 of 2013) (F2013L01406).

 

Background

 

Metro Screen Limited was approved by the Minister’s delegate as a VET provider pursuant to Higher Education Support Act 2003 - VET Provider Approval (No. 33 of 2013) which was registered on the Federal Register of Legislation on 18 July 2013 (F2013L01406).

 

Metro Screen Limited ceased to be listed as a registered training organisation on the National Register on 16 December 2015.

 

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 Metro Screen Limited is for the purposes of VET FEE-HELP, and Metro Screen Limited 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 (Metro Screen Limited) VET Provider Approval Revocation 2016

 

Section 1 - Name

 

This section provides that the name of the Instrument is the Higher Education Support (Metro Screen Limited) 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 Metro Screen Limited’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 (Metro Screen Limited) 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 Metro Screen Limited 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 Metro Screen Limited 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 Metro Screen Limited 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 (Metro Screen Limited) VET Provider Approval Revocation 2016 is a legislative instrument enacted under the Higher Education Support Act 2003. This Act was introduced to provide the Commonwealth with the authority to offer financial support for higher education and vocational education and training (VET) through grants, payments to providers, and financial assistance to students. The revocation of Metro Screen Limited’s approval as a VET provider is a response to its removal from the National Register of registered training organisations, a requirement stipulated in the Act for entities to be eligible for offering VET FEE-HELP assistance. This legislative instrument was enacted by the Minister for Education and Training, aiming to ensure that only entities maintaining the appropriate registration can offer VET FEE-HELP assistance. The revocation of Metro Screen Limited's approval aligns with the policy objective of maintaining the integrity of the VET FEE-HELP scheme by ensuring that only compliant entities can participate.

Scope and Application

The Higher Education Support (Metro Screen Limited) VET Provider Approval Revocation 2016 revokes the approval of Metro Screen Limited as a VET provider under clause 29B of Schedule 1A to the Higher Education Support Act 2003. This revocation applies specifically to Metro Screen Limited, an entity that had previously been approved as a VET provider for the purposes of providing VET FEE-HELP assistance to students. The revocation is triggered by Metro Screen Limited's deregistration as a registered training organisation on the National Register, an event that occurred on 16 December 2015. The Minister's power to revoke such approval is exercised through a legislative instrument, and the revocation takes effect on the day the instrument is registered. The revocation also nullifies the previous legislative instrument that approved Metro Screen Limited as a VET provider. This legislative instrument is consistent with human rights as it does not impede Metro Screen Limited's ability to continue delivering education and training, but it does limit their capacity to offer VET FEE-HELP to their students. The revocation is limited to Metro Screen Limited, ensuring that other VET providers are unaffected. The scope of this legislative instrument is narrowly focused on revoking the approval of Metro Screen Limited as a VET provider for the purposes of the VET FEE-HELP scheme. The geographic reach is national, as it pertains to the national registration of training organisations under the National Vocational Education and Training Regulator Act 2011. The revocation does not extend to other entities or industries, and no broader exclusions or exemptions are specified. The revocation is executed directly through the legislative instrument and does not rely on subordinate instruments for its application. This targeted approach ensures that the revocation is specific to Metro Screen Limited's status as a VET provider and does not inadvertently impact other educational entities or broader educational rights.

Key Provisions

The Higher Education Support (Metro Screen Limited) VET Provider Approval Revocation 2016, pursuant to clause 29B of Schedule 1A to the Higher Education Support Act 2003 (the Act), revokes the approval of Metro Screen Limited as a VET provider. This revocation occurs because Metro Screen Limited ceased to be listed as a registered training organisation on the National Register under the National Vocational Education and Training Regulator Act 2011 (section 2). The revocation takes effect from the day the Instrument is registered, as stipulated in subclause 29B(2) of Schedule 1A to the Act. Entities governed by the Act, specifically Metro Screen Limited, are obligated to comply with the provisions of the Act and related legislation, including maintaining their status as a registered training organisation. The Act mandates that if a body is no longer listed as a registered training organisation, its approval as a VET provider must be revoked. This requirement ensures that only entities in good standing can provide VET FEE-HELP assistance to students. Metro Screen Limited must also ensure they are aware of and comply with all conditions and obligations outlined in their approval as a VET provider, which includes maintaining their registration status. Failure to comply with the Act’s requirements can result in the revocation of a VET provider’s approval, as demonstrated in this Instrument. While the Act does not explicitly outline specific offences or penalties for the non-compliance leading to the revocation, the consequences include the loss of eligibility to provide VET FEE-HELP assistance to students. This revocation directly impacts Metro Screen Limited's ability to offer financial assistance to their students under the VET FEE-HELP scheme, thereby affecting their business operations related to VET courses. No civil or criminal penalties are explicitly stated in the Act or the Instrument for this specific revocation; however, the cessation of eligibility to provide VET FEE-HELP can have significant financial and operational implications for Metro Screen Limited.

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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.