EXPLANATORY STATEMENT
Issued by the Authority of the Delegate for the Minister for Education and Training
Higher Education Support Act 2003
Higher Education Support (Tabor College Inc (WA))
Higher Education Provider Approval Revocation 2016
Authority
The Higher Education Support Act 2003 (the Act) provides the Commonwealth with powers to give financial support for higher education and certain vocational education and training (VET) through grants and other payments to providers, and through financial assistance to students (usually in the form of loans).
The Act provides for loans, called FEE-HELP assistance, to be made available to students enrolled in certain higher education courses. A body has to be approved by the Minister as a higher education provider before its students can receive FEE-HELP.
Section 22-2 of the Act provides that the Minister must revoke the approval of that body if the body ceases to be listed as a higher education organisation on the National Register maintained in accordance with section 198 of the Tertiary Education Quality and Standards Agency Act 2011.
Under paragraph 238-5(1)(b) of the Act, the Minister has delegated his powers under subsections 22-2(1) and 22-2(2) of the Act to an APS employee with a classification of SES Employee Band 1 or higher with responsibility for the administration of the FEE‑HELP scheme.
Purpose
The purpose of this legislative instrument (the Instrument) is
(a) to provide notice to Tabor College Inc (WA) of the decision to revoke its approval as a higher education provider; and
(b) to revoke the legislative instrument Higher Education Support Act 2003 – Higher Education Provider Approval (No. 10 of 2012) (F2012L02007)
Background
Tabor College Inc (WA) was approved by the Minister’s delegate as a higher education provider pursuant to Higher Education Support Act 2003 – Higher Education Provider Approval (No. 10 of 2012) which was registered on the Federal Register of Legislation on 9 October 2012 (F2012L02007).
Tabor College Inc (WA) ceased to be listed as a higher education organisation on the National Register on 31 December 2015, that registration having expired.
This Instrument is a notice of revocation given under section 22-2 of the Act.
In accordance with paragraph 22-1(1)(a) of the Act, a body ceases to be approved as a higher education provider if a decision to revoke the approval is in effect under Subdivision 22-AA, 22-B or 22-D.
Consistent with the requirements of subsection 22-2(2) of the Act, the revocation takes effect on the day that the Instrument is registered.
Consultation
Consultation was not undertaken and was not considered necessary as the revocation of the approval as a higher education provider of Tabor College Inc (WA) is for the purposes of
FEE-HELP, and Tabor College Inc (WA) is the only body affected by the Instrument.
The Instrument is a legislative instrument for the purposes of the Legislation Act 2003 (Subsection 22-2(3) of the Act).
The Instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in the Attachment.
Details of the Higher Education Support (Tabor College Inc (WA)) Higher Education Provider Approval Revocation 2016
Section 1 - Name
This section provides that the name of the Instrument is the Higher Education Support (Tabor College Inc (WA)) Higher Education Provider Approval Revocation 2016 (the Instrument).
Section 2 - Commencement
This section provides that the Instrument commences on the day that the Instrument is registered on the Federal Register of Legislation. This is consistent with the requirement in subsection 22-2(2) of the Act.
Section 3 - Authority
This section provides that the authority for the Instrument is under section 22-2 of the Act.
Section 4 - Definitions
This section provides definitions for terms used in the Instrument.
Section 5 – Notice of Decision to Revoke Approval As A Higher Education Provider
This section makes it clear that Tabor College Inc (WA)’s approval as a higher education provider is revoked.
It also revokes the legislative instrument which notified its original approval.
Attachment
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Higher Education Support (Tabor College Inc (WA)) Higher Education Provider Approval Revocation 2016
This Instrument 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 Instrument
Section 22-2 of the Higher Education Support Act 2003 (the Act) provides that the Minister may, by legislative instrument, revoke a body’s approval as a higher education provider under Subdivision 22-AA of the Act.
The purpose of this Instrument is to provide notice to Tabor College Inc (WA) of a decision to revoke its approval as a higher education provider under section 22-2 of the Act (Automatic revocation of approval if a body ceases to be listed as a higher education provider on the National Register).
Human rights implications
This Instrument engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights.
In particular, this Instrument may affect the provision of higher education by Tabor College Inc (WA) as it revokes its approval as a higher education provider for the purposes of FEE-HELP under the Act which removes its ability to offer FEE-HELP assistance to certain students.
However, this instrument does not affect the capacity of Tabor College Inc (WA) to continue to deliver education and training, it only removes its ability to offer FEE-HELP to students enrolled in its courses; existing and prospective students may access FEE-HELP from another higher education provider. Consequently, the right to education for affected students remains engaged.
Conclusion
This Instrument is compatible with human rights as it does not raise any human rights issues.
Shelley Owen
Delegate of the Minister