Higher Education Support (Multiple Bodies) Higher Education Provider Approval Revocation 2017

Administered by Department of Education

Legislation au F2017L00645 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 (Multiple Bodies)

Higher Education Provider Approval Revocation 2017

 

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 bodies specified in section 5 of the revocation of their approvals as higher education providers, pursuant to subdivision 22-AA, section 22-2 of the Act; and

(b)     to repeal the original notices of approval of those bodies as higher education providers. 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.

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 a number of bodies (the bodies) in writing of the revocation of their approval in accordance with subsection 22-2(1) of the Act. The circumstances of each of those bodies are outlined below.  

Relationships Australia (NSW) Limited

Relationships Australia (NSW) Limited (ACN: 000 509 982 ABN: 73 000 509 982) was approved by the Minister’s delegate as a higher education provider on 21 November 2013 in Higher Education Provider Approval No. 6 of 2013 (F2013L01985). Relationships Australia (NSW) Limited’s registration as a registered higher education provider under the TEQSA Act expired on 31 December 2014 and has not been renewed. Relationships Australia (NSW) has not been offering higher education courses since the expiry of its registration in 2014.

Carrick Higher Education Pty Ltd

Carrick Higher Education Pty Ltd (ACN: 120 525 895 ABN: 31 120 525 895) was approved by the Minister’s delegate as a higher education provider on 5 August 2008 in Higher Education Provider Approval (No. 7 of 2008) (F2008L03051). Carrick Higher Education Pty Ltd’s registration as a registered higher education provider under the TEQSA Act was voluntarily withdrawn on 30 June 2014 and has not been renewed. Carrick Higher Education Pty Ltd has not been offering higher education courses since the voluntary withdrawal of its registration in 2014.

Investment Banking Institute Business Schools Pty Ltd

Investment Banking Institute Business School Pty Ltd (ACN: 142 988 921
ABN: 46 142 988 921) was approved by the Minister’s delegate as a higher education provider on 1 October 2013 in Higher Education Provider Approval No. 5 of 2013 (F2013L01776). Investment Banking Institute Business School Pty Ltd’s registration as a registered higher education provider under the TEQSA Act expired on 1 December 2016 and has not been renewed. Investment Banking Institute Business Schools Pty Ltd has not been offering higher education courses since the expiry of its registration in 2016.

Vose College

Vose College (ACN: 151 101 325 ABN: 46 151 101 325) was approved by the Minister’s delegate as a higher education provider on 27 March 2013 in Higher Education Provider Approval No. 1 of 2013 (F2013L00609). Vose College's registration as a registered higher education provider under the TEQSA Act expired on 31 December 2014 and has not been renewed. Vose College has not been offering higher education courses since the expiry of its registration in 2014.

Chifley Business School Pty Ltd

Chifley Business School Pty Ltd (ACN: 068 999 093 ABN: 40 068 999 093) was approved by the Minister’s delegate as a higher education provider on 22 March 2010 by Higher Education Provider Approval No. 3 of 2010 (F2010L00745). Chifley Business School Pty Ltd's registration as a registered higher education provider under the TEQSA Act was withdrawn by the provider on 1 July 2015 and has not been renewed. Chifley Business School Pty Ltd has not been offering higher education courses since 2015.

 

Phoenix Institute of Australia Pty Ltd

Phoenix Institute of Australia Pty Ltd (ACN: 084 806 575 ABN: 37 084 806 575) was approved by the Minister’s delegate as a higher education provider on 1 September 2011 by Higher Education Provider Approval No. 5 of 2011 (F2011L01817). Phoenix Institute of Australia Pty Ltd registration as a registered higher education provider under the TEQSA Act expired on 23 December 2015 and has not been renewed. Phoenix Institute of Australia has not been offering higher education courses since 2015.

The Cairnmillar Institute School of Counselling and Psychotherapy Pty Ltd

The Cairnmillar Institute School of Counselling and Psychotherapy Pty Ltd (ACN: 120 972 063

ABN 99 120 972 063) was approved by the Minister’s delegate as a higher education provider on 25 January 2007 by Higher Education Provider Approval (No. 2 of 2007) (F2007L00232). Cairnmillar Institute School of Counselling and Psychotherapy Pty Ltd’s registration as a registered higher education provider under the TEQSA Act expired on 9 September 2016 and has not been renewed. The Cairnmillar Institute School of Counselling and Psychotherapy Pty Ltd has not been offering higher education courses since the expiry of its registration in 2016.

Consultation

For each of these bodies, the TEQSA National Register confirms that the bodies have ceased to be registered as higher education providers, and any decisions by TEQSA to refuse an application to renew a body’s registration or to cancel a body’s registration, had not been set aside or quashed, and were no longer subject to review. Further, the department’s records show that none of these bodies are still providing higher education to students.  No students will be affected by the Instrument and the bodies are the only higher education providers 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. 

 

Details of the Higher Education Support (Multiple Bodies) Higher Education Provider Approval Revocation 2017

Section 1 - Name

This section provides that the name of the Instrument is the Higher Education Support (Multiple Bodies) Higher Education Provider Approval Revocation 2017.

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 the bodies of the revocation of their approvals as higher education providers. It also repeals the legislative instruments which notified those bodies of their original approvals.

Statement of Compatibility with Human Rights

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

Higher Education Support (Multiple Bodies) Higher Education Provider Approval Revocation 2017

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 various bodies (the bodies) of the revocation of their approval as higher education providers pursuant to section 22-2 of the Act; and
  • to repeal notices of approval of those bodies as higher education providers.

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 the bodies as it revokes their approvals as higher education provider for the purposes of FEE-HELP under the Act thereby removing their ability to offer FEE-HELP assistance to students.

As none of the bodies are still providing higher education to students, no students will be disadvantaged as a result of these revocations.

Conclusion

This Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

Katerina Lawler

Delegate of the Minister

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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.