EXPLANATORY STATEMENT
Notice of revocation of approval as a provider on request by the provider under
subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003
Issued by the authority of the delegate of the Minister for Education and Training
Authority
Subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003 (the Act) requires the Minister to revoke a body’s approval as a vocational education and training (VET) provider under the Act if the body requests in writing that the Minister revoke its approval.
Subclause 39(3) of Schedule 1A to the Act requires the revocation to be given by notice in writing to the body; subclause 39(4) provides that the notice of revocation is a legislative instrument.
Under paragraph 238-5(1)(b) of the Act, the Minister has delegated his powers under subclauses 39(1) and 39(3) of Schedule 1A to the Act, to the position of Branch Manager, VET FEE-HELP Branch in the Skills Programmes Group of the Department of Education and Training.
Purpose
This legislative instrument (the Revocation) revokes the approval of the Pilbara Institute as a VET provider under subclause 39(1) of Schedule 1A to the Act.
The Revocation is one of 11 revocations of VET provider approvals under clause 39 of Schedule 1A to the Act which, combined with five VET provider approvals under clause 11 of Schedule 1A to the Act, address, for the purposes of the Act, the Western Australian government’s decision to rationalise the administration of TAFE college campuses under that government’s Training Sector Reform Project. The related VET provider approval revocations and VET provider approvals are:
- Higher Education Support (Central Institute of Technology) VET Provider Approval Revocation 2016;
- Higher Education Support (Challenger Institute of Technology) VET Provider Approval Revocation 2016;
- Higher Education Support (CY O’Connor Institute) VET Provider Approval Revocation 2016;
- Higher Education Support (Durack Institute of Technology) VET Provider Approval Revocation 2016;
- Higher Education Support (Goldfields Institute of Technology) VET Provider Approval Revocation 2016;
- Higher Education Support (Great Southern Institute of Technology) VET Provider Approval Revocation 2016;
- Higher Education Support (Kimberley Training Institute) VET Provider Approval Revocation 2016;
- Higher Education Support (Polytechnic West) VET Provider Approval Revocation 2016;
- Higher Education Support (South West Institute of Technology) VET Provider Approval Revocation 2016;
- Higher Education Support (West Coast Institute of Training) VET Provider Approval Revocation 2016;
- Higher Education Support (North Metropolitan TAFE) VET Provider Approval 2016;
- Higher Education Support (South Metropolitan TAFE) VET Provider Approval 2016;
- Higher Education Support (North Regional TAFE) VET Provider Approval 2016;
- Higher Education Support (Central Regional TAFE) VET Provider Approval 2016;
- Higher Education Support (South Regional TAFE) VET Provider Approval 2016.
The Revocation and related VET provider approval revocations and VET provider approvals will ensure that eligible students studying courses at Western Australian TAFE colleges will continue to be able to access VET FEE-HELP loans.
Background
The Pilbara Institute is a TAFE college established by the Western Australian government under the Vocational Education and Training Act 1996 (WA VET Act). The college was approved as a VET provider under the Act on 6 November 2013 (see VET Provider Approval No. 64 of 2013; Federal Register of Legislation reference F2013L01932). That approval enabled eligible students of the college to access VET FEE-HELP loans under the Act.
On 24 February 2016, the Western Australian government announced that, pursuant to that government’s Training Sector Reform Project, the 11 colleges then established under the WA VET Act would be reduced to five. The campuses of the Pilbara Institute were, in future, to be administered by a new college established under the WA VET Act called the North Regional TAFE.
On 26 February 2016, the Western Australian Minister for Training and Workforce Development made the Vocational Education and Training (Colleges Closure and Establishment) Order 2016 under the WA VET Act, which had the effect of closing the Pilbara Institute and 10 other colleges, and establishing five new colleges in their place, with effect from 11 April 2016.
On 7 April 2016, the Pilbara Institute requested in writing that its approval as a VET provider under the Act be revoked.
Commencement
The Revocation takes effect on 11 April 2016, the date that the Pilbara Institute was closed by the Vocational Education and Training (Colleges Closure and Establishment) Order 2016 under the WA VET Act.
Consultation
The Department of Education and Training consulted with the Western Australian Department of Training and Workforce Development in relation to the Revocation and the related VET provider approval revocations and VET provider approvals.
As the Revocation is the result of a voluntary request by the Pilbara Institute itself for revocation of its approval under the Act, and the arrangements for approval of new TAFE colleges will ensure that no student of the college will be affected by the Revocation, no further consultation was considered necessary.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
The Higher Education Support (Pilbara Institute) VET Provider Approval Revocation 2016 (the Revocation) 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 Legislative Instrument
The Revocation is made by the Minister under subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003 (Act). Under subclause 39(1) of Schedule 1A to the Act the Minister must revoke a body’s approval as a VET provider if the body requests, in writing, the Minister to do so. On 7 April 2016, the college requested the Minister to revoke its approval, with effect from 11 April 2016, as the college was closing from that date.
The Revocation is one of 11 revocations of VET provider approvals under clause 39 of Schedule 1A to the Act which, combined with five VET provider approvals under clause 11 of Schedule 1A to the Act, address, for the purposes of the Act, the Western Australian government’s decision to rationalise the administration of TAFE college campuses under that government’s Training Sector Reform Project. The related VET provider approval revocations and VET provider approvals are:
- Higher Education Support (Central Institute of Technology) VET Provider Approval Revocation 2016;
- Higher Education Support (Challenger Institute of Technology) VET Provider Approval Revocation 2016;
- Higher Education Support (CY O’Connor Institute) VET Provider Approval Revocation 2016;
- Higher Education Support (Durack Institute of Technology) VET Provider Approval Revocation 2016;
- Higher Education Support (Goldfields Institute of Technology) VET Provider Approval Revocation 2016;
- Higher Education Support (Great Southern Institute of Technology) VET Provider Approval Revocation 2016;
- Higher Education Support (Kimberley Training Institute) VET Provider Approval Revocation 2016;
- Higher Education Support (Polytechnic West) VET Provider Approval Revocation 2016;
- Higher Education Support (South West Institute of Technology) VET Provider Approval Revocation 2016;
- Higher Education Support (West Coast Institute of Training) VET Provider Approval Revocation 2016;
- Higher Education Support (North Metropolitan TAFE) VET Provider Approval 2016;
- Higher Education Support (South Metropolitan TAFE) VET Provider Approval 2016;
- Higher Education Support (North Regional TAFE) VET Provider Approval 2016;
- Higher Education Support (Central Regional TAFE) VET Provider Approval 2016;
- Higher Education Support (South Regional TAFE) VET Provider Approval 2016.
The Pilbara Institute is a TAFE college established by the Western Australian government under the Vocational Education and Training Act 1996 (WA) (WA VET Act). The college was approved as a
VET provider under the Act on 6 November 2013 (see VET Provider Approval No. 64 of 2013; Federal Register of Legislation reference F2013L01932). That approval enabled eligible students of the college to access VET FEE-HELP loans under the Act.
On 24 February 2016, the Western Australian government announced that, pursuant to that government’s Training Sector Reform Project, the 11 colleges then established under the WA VET Act would be reduced to five. The campuses of the Pilbara Institute were, in future, to be administered by a new college established under the WA VET Act called the North Regional TAFE.
On 26 February 2016, the Western Australian Minister for Training and Workforce Development made the Vocational Education and Training (Colleges Closure and Establishment) Order 2016 under the WA VET Act, which had the effect of closing the Pilbara Institute and 10 other colleges, and establishing five new colleges in their place, with effect from 11 April 2016.
The Revocation and related VET provider approval revocations and VET provider approvals will ensure that students studying eligible courses at Western Australian TAFE colleges will continue to be able to access VET FEE-HELP loans.
Human rights implications
The Revocation engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. In particular, the Revocation has an effect on the provision of vocational education and training by the Pilbara Institute, as it revokes its approval as a VET provider under the Act, removing the ability for eligible students of the college to access VET FEE-HELP loans.
However students’ rights to education are unaffected by the Revocation, because student enrolments at the closed colleges have been transferred to the five new TAFE colleges established on 11 April 2016, which will deliver the same vocational training as the closed TAFE, mainly in the same campus locations.
The new TAFE colleges are approved as VET providers from 11 April 2016. Eligible students will therefore continue to be able to access VET FEE-HELP loans under the Act for courses provided at the new TAFE colleges.
Conclusion
This Instrument is compatible with human rights because it does not affect the protection of human rights.