EXPLANATORY STATEMENT
Issued by the authority of a delegate of the Minister for Education
Higher Education Support Act 2003
Higher Education Support Provider Approval (Study Group Australia Pty Limited) Revocation 2023
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 subsection 22-2(1) 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 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 necessary to exercise the delegation.
PURPOSE AND OPERATION
The purpose of the Higher Education Support Provider Approval (Study Group Australia Pty Limited) Revocation 2023 (the Instrument) is:
(a) to provide written notice to Study Group Australia Pty Limited (Study Group Australia) of the revocation of its approval as a higher education provider under the Act, pursuant to subsection 22-2(1); and
(b) to repeal the original notice of approval of Study Group Australia as a higher education provider (F2011L00181).
Study Group Australia was approved by the Minister’s delegate as a higher education provider on 1 February 2011 and has had its registration renewed and extended since that time with the most recent decision extending its registration to 30 April 2022.
Study Group Australia did not seek renewal of its registration under the TEQSA Act due to teaching arrangements with two Table A providers ceasing and, as a consequence, its registration as a higher education provider expired on 30 April 2022.
REGULATORY IMPACT
The Office of Best Practice Regulation (OBPR) has advised that the Instrument is unlikely to have more than a minor regulatory impact and therefore a regulation impact statement is not required for this Instrument (OPBR reference 22-02827).
COMMENCEMENT
The Instrument commences on the day it is registered on the Federal Register of Legislation.
CONSULTATION
The Tertiary Education Quality and Standards Agency (TEQSA) confirmed that Study Group Australia did not seek renewal of its registration under the TEQSA Act, and, as a consequence, its registration as a higher education provider expired on 30 April 2022.
In January 2021, Study Group Australia’s Board of Directors gave approval for Study Group Australia ceasing to maintain its higher education provider registration once it completed teaching all higher education programs for students that were already enrolled. Study Group Australia’s operations are now solely focused on English Language Intensive Courses for Overseas Students (ELICOS) and delivering foundation and pathway programs on behalf of another Table A provider.
Consultation with students was not necessary as students were not impacted by this decision due to Study Group Australia developing a teach out plan for students enrolled. Study Group Australia’s TEQSA registration was extended from 17 October 2021 to 30 April 2022 to allow the teach out plan to be executed prior to its registration expiring on 30 April 2022.
Higher Education Support Provider Approval (Study Group Australia Pty Limited) Revocation 2023
EXPLANATION OF PROVISIONS
Section 1: Name
- This section specifies the name of the instrument as the Higher Education Support Provider Approval (Study Group Australia Pty Limited) Revocation 2023 (the Instrument).
Section 2: Commencement
2. 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
3. The section specifies that the Instrument is made under section 22-2 of the Act.
Section 4: Definition
4. 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
5. Subsection (1) provides that the approval of Study Group Australia Pty Limited (ACN 070 919 327) 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.
6. Subsection (2) provides that the Higher Education Provider Approval No. 1 of 2011 (F2011L00181) is repealed.