EXPLANATORY STATEMENT
Issued by the authority of a delegate of the Minister for Education
Higher Education Support Act 2003
Higher Education Support Provider Approval (Adelaide College of Divinity Incorporated) Revocation 2024
AUTHORITY
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.
A registered higher education provider is a higher education provider registered under Part 3 of the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act) and listed on the Register under paragraph 198(1)(a) of the TEQSA 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, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the notice.
In accordance with section 238-5 of the Act, the functions and powers of the Minister under section 22 have been delegated to certain persons, including APS employees who hold a position that is classified as a Senior Executive Band 1 under the Public Service Classification Rules 2000. These delegations are subject to the general direction issued by the Minister under subsection 238-5(2) of the Act. The general direction provides that a Senior Executive Service employee, who is not a Deputy Secretary, must not exercise the delegated power unless they have responsibility for, or involvement with, the administration of the program or other function for which it is appropriate to exercise the delegation.
PURPOSE AND OPERATION
The purpose of the Higher Education Support Provider Approval (Adelaide College of Divinity Incorporated) Revocation 2024 (the Instrument) is to provide written notice to Adelaide College of Divinity Incorporated (ACD) of the revocation of its approval as a higher education provider under the Act, pursuant to subsection 22-2(1) of the Act.
ACD’s registration as a higher education provider under the TEQSA Act expired on 27 February 2023. ACD did not apply for re-registration with the Tertiary Education Quality and Standards Agency (TEQSA) and has ceased operating as a higher education provider.
As such, ACD is no longer a registered higher education provider, and the Instrument revokes its approval as a higher education provider under the Act, and provides notice to ACD of this revocation, consistent with the automatic revocation provision in section 22-2 of the Act.
IMPACT ANALYSIS
The Office of Impact Analysis (OIA) has advised that the Instrument has no more than a minor impact and an Impact Analysis is not needed (OIA23-06233).
COMMENCEMENT
The Instrument commences on the day it is registered on the Federal Register of Legislation.
CONSULTATION
In June 2022, ACD made the decision not to seek renewal of its registration under the TEQSA Act beyond 27 February 2023. TEQSA confirmed that ACD’s registration as a higher education provider expired on 27 February 2023.
ACD confirmed that prior to their closure, all students either completed their course, withdrew from their course, exited with lower AQF awards where applicable, or transferred to the University of Divinity.
Consultation with students was not necessary as students were not impacted by ACD’s decision to not renew their registration with TEQSA.
Higher Education Support Provider Approval (Adelaide College of Divinity Incorporated) Revocation 2024
EXPLANATION OF PROVISIONS
Section 1: Name
- This section specifies the name of the instrument as the Higher Education Support Provider Approval (Adelaide College of Divinity Incorporated) Revocation 2024 (the Instrument).
Section 2: Commencement
- This section specifies that the Instrument commences on the day it is registered on the Federal Register of Legislation. This reflects the requirement in subsection 22‑2(2) of the Higher Education Support Act 2003 (the Act) regarding commencement of the notice of revocation.
Section 3: Authority
- The section specifies that the Instrument is made under section 22-2 of the Act.
Section 4: Definition
- This section defines the term Act for the purposes of the Instrument, which is defined as the Higher Education Support Act 2003.
Section 5: Notice of Revocation
- Section 5 provides that the approval of Adelaide College of Divinity Incorporated (ABN 866 809 542 46) as a higher education provider is revoked under subsection 22-2(1) of the Act with effect from the day the Instrument is registered in the Federal Register of Legislation.
Overview
The Higher Education Support Provider Approval (Adelaide College of Divinity Incorporated) Revocation 2024 is a legislative instrument introduced to address the revocation of approval for Adelaide College of Divinity Incorporated as a higher education provider under the Higher Education Support Act 2003. Enacted by the authority of a delegate of the Minister for Education, this instrument was necessary as Adelaide College of Divinity Incorporated ceased to be a registered higher education provider following the expiration of its registration with the Tertiary Education Quality and Standards Agency (TEQSA). The policy objective, as outlined in the explanatory statement, is to comply with the statutory requirement under section 22-2 of the Act, which mandates the revocation of a provider's approval when it is no longer registered. The revocation process also involves providing written notice to the provider, ensuring transparency and adherence to legislative mandates.
Scope and Application
The Higher Education Support Provider Approval (Adelaide College of Divinity Incorporated) Revocation 2024 applies specifically to Adelaide College of Divinity Incorporated, a body that was previously approved as a higher education provider under the Higher Education Support Act 2003. This legislation revokes the approval of Adelaide College of Divinity Incorporated as a higher education provider, which follows the expiration of its registration under the Tertiary Education Quality and Standards Agency Act 2011, effective from 27 February 2023. The revocation is made pursuant to subsection 22-2(1) of the Higher Education Support Act 2003, necessitating written notification of this revocation to the college as mandated by subsection 22-2(2) of the Act. The revocation process and subsequent notification do not fall under the disallowance provisions of the Legislation Act 2003, as specified by subsection 22-2(3). The Act applies within the Commonwealth jurisdiction, impacting federal higher education policy and regulation. The revocation does not extend to other entities or industries unless similarly affected by non-renewal of TEQSA registration. This legislative instrument effectively ceases Adelaide College of Divinity Incorporated’s status as an approved higher education provider under federal law.
Key Provisions
The Higher Education Support Provider Approval (Adelaide College of Divinity Incorporated) Revocation 2024 (section 1) revokes the approval of Adelaide College of Divinity Incorporated as a higher education provider under the Higher Education Support Act 2003 (the Act). This revocation is effective from the day the Instrument is registered on the Federal Register of Legislation (section 2). The Instrument is made under section 22-2 of the Act, which mandates that a body’s approval as a higher education provider must be revoked if the body is no longer a registered higher education provider. For the purposes of the Instrument, the term Act refers to the Higher Education Support Act 2003 (section 4). Section 5 of the Instrument provides the formal notice of revocation, stating that Adelaide College of Divinity Incorporated’s approval as a higher education provider is revoked.
The obligations and requirements imposed by the Instrument on Adelaide College of Divinity Incorporated include the automatic revocation of its approval as a higher education provider under the Act (subsection 22-2(1) of the Act). The Act requires the Minister to revoke a body’s approval if it is no longer a registered higher education provider, which applies to Adelaide College of Divinity Incorporated since it did not renew its registration with the Tertiary Education Quality and Standards Agency (TEQSA) beyond 27 February 2023. The Instrument also mandates that the Minister must notify the body in writing of the revocation (subsection 22-2(2) of the Act), which has been carried out in this case. These obligations ensure that the approval process remains aligned with the registration requirements under the Tertiary Education Quality and Standards Agency Act 2011.
The Instrument does not specify any offences, penalties, or consequences for breach. The revocation of approval is an administrative action resulting from the expiration of Adelaide College of Divinity Incorporated’s registration as a higher education provider, and no civil or criminal penalties are applicable in this context. The primary purpose of the Instrument is to notify Adelaide College of Divinity Incorporated of the revocation and to comply with the legislative requirement under section 22-2 of the Act. The notice of revocation serves as formal communication and does not involve any punitive measures against the college.