EXPLANATORY STATEMENT

Issued by the authority of a delegate of the Minister for Education

Higher Education Support Act 2003

Higher Education Support Provider Approval (Carnegie Mellon University) Revocation 2025

AUTHORITY

Subsection 22-2(1) of the Higher Education Support Act 2003 (the Act) provides that the Minister for Education 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. Subsection 22-2(4) of the Act provides that a decision of the Minister to revoke a body’s approval as a higher education provider takes effect on the day that the notice of revocation is registered in the Federal Register of Legislation.

In accordance with subsection 238-5(1) of the Act, the functions and powers of the Minister under section 22 have been delegated to certain persons, including SES employees in the Department of Education (the department) 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 the employee must not exercise the delegated power unless they have responsibility for, or involvement with, the administration of a program for which it is appropriate to exercise the delegation.

PURPOSE AND OPERATION

The purpose of the Higher Education Support Provider Approval (Carnegie Mellon University) Revocation 2025 (the Instrument) is to provide written notice to Carnegie Mellon University of the revocation of its approval as a higher education provider under the Act, pursuant to subsection 22-2(1) of the Act.

Carnegie Mellon University was listed as a Table C provider in section 16-22 of the Act by the Higher Education Legislation Amendment (2005 Measures No. 4) Act 2005. Subsection 16-5(1A) of the Act provides that a Table C provider is taken to be approved as a higher education provider from the commencement of the provision that included the provider in Table C in section 16-22. However, subsection 16-22(2) of the Act provides that a body is not a Table C provider if its approval as a higher education provider is revoked or suspended.

Carnegie Mellon University applied to the Tertiary Education Quality and Standards Agency (TEQSA) to withdraw its registration as a registered higher education provider under the TEQSA Act. TEQSA approved Carnegie Mellon University’s application to withdraw its registration, effective from 24 January 2024.

As such, Carnegie Mellon University 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 Carnegie Mellon University of this revocation, consistent with the automatic revocation provision in section 22-2 of the Act.

COMMENCEMENT

The Instrument commences on the day it is registered on the Federal Register of Legislation.

CONSULTATION

In June 2022, the department became aware of Carnegie Mellon University’s intention to cease operations in Australia from 22 December 2022.

In November 2023, TEQSA confirmed that all of Carnegie Mellon University’s students had either graduated, transferred or withdrew from their course.

TEQSA confirmed that Carnegie Mellon University applied to withdraw its registration under the TEQSA Act, and as a consequence, its registration was withdrawn on 24 January 2024.

Consultation with students about Carnegie Mellon University’s revocation was not necessary as its students either graduated, transferred or withdrew from their course prior to the closure date, as a result of Carnegie Mellon University’s decision to cease operations in Australia.

HIGHER EDUCATION SUPPORT PROVIDER APPROVAL (CARNEGIE MELLON UNIVERSITY) REVOCATION 2025

EXPLANATION OF PROVISIONS

Section 1: Name

1.   This section specifies the name of the instrument as the Higher Education Support Provider Approval (Carnegie Mellon University) Revocation 2025 (the Instrument).

Section 2: Commencement

1.   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(4) of the Higher Education Support Act 2003 (the Act) regarding commencement of the notice of revocation.

Section 3: Authority

1.   The section specifies that the Instrument is made under section 22-2 of the Act.

Section 4: Definition

1.   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

1.   Section 5 provides that the approval of Carnegie Mellon University (ACN 116 769 423) as a higher education provider is revoked in accordance with subsection 22-2(1) of the Act.