Higher Education Support Provider Approval (Study Group Australia Pty Limited) Revocation 2023

Administered by Department of Education

Legislation au F2023L00036 In force Legislative Instrument

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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

  1. 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.

 

Overview

The Higher Education Support Provider Approval (Study Group Australia Pty Limited) Revocation 2023 was enacted to address the need for revocation of Study Group Australia Pty Limited’s approval as a higher education provider under the Higher Education Support Act 2003. This legislative instrument was issued by the Minister for Education’s delegate, in accordance with the provisions of the Act, which mandate the revocation of a provider’s approval once they cease to be a registered higher education provider. The policy objective is to ensure that only entities actively registered under the Tertiary Education Quality and Standards Agency Act 2011 and listed on the Register are approved to operate as higher education providers, thereby maintaining the integrity and quality of the higher education sector in Australia. The revocation followed Study Group Australia’s decision not to renew its registration due to the cessation of teaching arrangements with two Table A providers, leading to the expiration of its registration on 30 April 2022.

Scope and Application

The Higher Education Support Provider Approval (Study Group Australia Pty Limited) Revocation 2023 applies specifically to Study Group Australia Pty Limited, which had been previously approved as a higher education provider under the Higher Education Support Act 2003. The revocation pertains to the cessation of Study Group Australia's status as a registered higher education provider following its decision not to renew its registration under the Tertiary Education Quality and Standards Agency Act 2011, resulting in the expiration of its registration on 30 April 2022. This revocation is a direct consequence of the entity no longer meeting the criteria for registration as specified under the TEQSA Act. The revocation is governed by the Higher Education Support Act 2003 and is effective from the day it is registered on the Federal Register of Legislation, aligning with the legislative requirements for such notices. The Minister for Education, or a delegate under the Act, has the authority to revoke the approval, as stipulated in subsection 22-2(1) of the Act, and must provide written notification of this revocation to Study Group Australia. Additionally, the functions and powers of the Minister under this subsection have been delegated to certain individuals, subject to the general direction issued by the Minister, ensuring that the revocation process is managed in accordance with established administrative protocols.

Key Provisions

The Higher Education Support Provider Approval (Study Group Australia Pty Limited) Revocation 2023 (the Instrument) is a legislative instrument designed to revoke the approval of Study Group Australia Pty Limited as a higher education provider. According to section 5(1) of the Instrument, this revocation takes effect from the day the Instrument is registered in the Federal Register of Legislation. Additionally, section 5(2) specifies that the Higher Education Provider Approval No. 1 of 2011 (F2011L00181) is repealed. The Instrument is made under the authority of the Higher Education Support Act 2003 (the Act) as specified in section 3, and it commences on the day it is registered on the Federal Register of Legislation as outlined in section 2. The Instrument imposes certain obligations on the Minister for Education, as delegated to certain persons, to revoke Study Group Australia's approval as a higher education provider when it is no longer registered under the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act). Section 38-2 of the Act mandates that the Minister must notify Study Group Australia in writing of this revocation, which is fulfilled through the Instrument. The Instrument also repeals the previous approval notice, effectively terminating Study Group Australia's status as a higher education provider. The Instrument does not explicitly outline specific offences or penalties for non-compliance, as the revocation is a procedural requirement under the Act. However, any failure to comply with the Act's provisions, including the revocation of approval, could result in legal consequences under the Act. The maximum penalties for breaches of the Higher Education Support Act 2003 are substantial and can include fines of up to $22,200 for individuals and $111,000 for corporations, as outlined in the Act. Additionally, the Act allows for other civil or criminal penalties if the breaches are severe enough to warrant such measures. Consultation with stakeholders, including the Tertiary Education Quality and Standards Agency (TEQSA), was part of the process leading to the revocation. TEQSA confirmed that Study Group Australia did not seek renewal of its registration, leading to the expiration of its higher education provider status on 30 April 2022. The Instrument's creation was also preceded by advice from the Office of Best Practice Regulation (OBPR) that the regulatory impact was minor, thereby negating the need for a regulation impact statement.

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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.