Higher Education Support (South West Institute of Technology) VET Provider Approval Revocation 2016

Administered by Department of Education

Legislation au F2016L00950 Not in force Legislative Instrument

Legislation content

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 South West Institute of Technology 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 (Pilbara Institute) VET Provider Approval Revocation 2016;
  • Higher Education Support (Polytechnic West) 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 South West Institute of Technology 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 4 November 2013 (see VET Provider Approval No. 59 of 2013; Federal Register of Legislation reference F2013L01887). 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 South West Institute of Technology were, in future, to be administered by a new college established under the WA VET Act called the South 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 South West Institute of Technology and 10 other colleges, and establishing five new colleges in their place, with effect from 11 April 2016.

On 7 April 2016, the South West Institute of Technology 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 South West Institute of Technology 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 South West Institute of Technology 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 (South West Institute of Technology) 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 (Pilbara Institute) VET Provider Approval Revocation 2016;
  • Higher Education Support (Polytechnic West) 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 South West Institute of Technology 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 4 November 2013 (see VET Provider Approval No. 59 of 2013; Federal Register of Legislation reference F2013L01887). 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 South West Institute of Technology were, in future, to be administered by a new college established under the WA VET Act called the South 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 South West Institute of Technology 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 South West Institute of Technology, 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.

Overview

The Higher Education Support (South West Institute of Technology) VET Provider Approval Revocation 2016 was enacted to address the problem arising from the Western Australian government's decision to rationalise the administration of TAFE college campuses under its Training Sector Reform Project. This legislative instrument revokes the approval of the South West Institute of Technology as a vocational education and training provider under subclause 39(1) of Schedule 1A of the Higher Education Support Act 2003. The revocation was requested by the South West Institute of Technology in writing on 7 April 2016, and it took effect on 11 April 2016, coinciding with the closure of the institute and its integration into the newly established South Regional TAFE. The Minister for Education and Training, via the delegate of the Branch Manager, VET FEE-HELP Branch in the Skills Programmes Group of the Department of Education and Training, issued this legislative instrument to ensure that eligible students studying courses at Western Australian TAFE colleges would continue to access VET FEE-HELP loans. The revocation is compatible with human rights as it does not affect students' rights to education, given the continuity of vocational training and VET FEE-HELP loan eligibility under the new TAFE colleges.

Scope and Application

The Higher Education Support (South West Institute of Technology) VET Provider Approval Revocation 2016 applies to the South West Institute of Technology, a vocational education and training (VET) provider established under the Vocational Education and Training Act 1996 (WA). The revocation follows a request from the provider itself to have its approval as a VET provider revoked under subclause 39(1) of Schedule 1A to the Higher Education Support Act 2003. The Minister for Education and Training has the authority to revoke such approval if requested by the provider, and this power has been delegated to the Branch Manager, VET FEE-HELP Branch within the Department of Education and Training. The revocation aims to ensure that eligible students studying courses at Western Australian TAFE colleges continue to access VET FEE-HELP loans, despite the restructuring of TAFE colleges under the Western Australian government's Training Sector Reform Project. The revocation is part of a series of related legislative instruments that address the reform project, which reduces the number of TAFE colleges from 11 to 5. The revocation takes effect on 11 April 2016, the same date the Vocational Education and Training (Colleges Closure and Establishment) Order 2016 under the WA VET Act closed the South West Institute of Technology. The revocation is compatible with human rights as it does not affect students’ rights to education, given that student enrolments have been transferred to the new TAFE colleges, which are approved VET providers from the same date.

Key Provisions

The main operative sections of this legislation (F2016L00950) concern the revocation of the approval of the South West Institute of Technology as a vocational education and training (VET) provider under the Higher Education Support Act 2003. Section 39(1) of Schedule 1A to the Act mandates the Minister to revoke a body's approval if the body requests it in writing, and section 39(3) requires the revocation to be communicated in writing. This revocation, referred to as the Revocation, is a legislative instrument under section 39(4) of Schedule 1A. The Minister has delegated the powers under subclauses 39(1) and 39(3) to the Branch Manager, VET FEE-HELP Branch, within the Department of Education and Training. The obligations and requirements imposed by the Act on the South West Institute of Technology, as a VET provider, include maintaining its status as a VET provider and ensuring its students can access VET FEE-HELP loans. Upon the request of the Institute, the Minister must revoke its approval as a VET provider, and this revocation must be communicated in writing. This process aligns with the Western Australian government’s Training Sector Reform Project, which rationalised the administration of TAFE college campuses. The legislation imposes no direct offences, penalties, or consequences for breach, as the revocation is a result of a voluntary request by the South West Institute of Technology. However, the revocation ensures that students of the closed colleges will not be disadvantaged, as their enrolments are transferred to the newly established TAFE colleges, which are approved as VET providers. Eligible students will continue to access VET FEE-HELP loans through these new colleges. The revocation itself does not affect the protection of human rights, as it ensures continuity in students' access to vocational education and training, maintaining their rights to education.

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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.