Higher Education Support (Tabor College Inc (WA)) Higher Education Provider Approval Revocation 2016

Administered by Department of Education

Legislation au F2016L01284 In force Legislative Instrument

Legislation content

 

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 FEEHELP 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

Overview

The Higher Education Support (Tabor College Inc (WA)) Higher Education Provider Approval Revocation 2016 is a legislative instrument introduced under the Higher Education Support Act 2003. The purpose of this instrument is to revoke Tabor College Inc (WA)’s approval as a higher education provider, a decision necessitated by the college's removal from the National Register of higher education providers as of 31 December 2015. The revocation aligns with Section 22-2 of the Act, which mandates the Minister to revoke a provider's approval if it is no longer listed on the National Register. This instrument serves to notify Tabor College Inc (WA) of the decision and to officially revoke its prior approval, impacting its eligibility to offer FEE-HELP assistance to students. The revocation is consistent with the Act's provisions and ensures that the college can no longer participate in the FEE-HELP scheme, while existing and prospective students can still access FEE-HELP from other approved providers.

Scope and Application

The Higher Education Support (Tabor College Inc (WA)) Higher Education Provider Approval Revocation 2016 is a legislative instrument under the Higher Education Support Act 2003, enacted to revoke Tabor College Inc (WA)'s approval as a higher education provider. The Act, administered by the Minister for Education and Training, facilitates financial support for higher education and vocational education and training through grants and student loans, including the FEE-HELP scheme. The revocation is triggered by Tabor College Inc (WA) ceasing to be listed as a higher education organisation on the National Register, which mandates automatic revocation of its approval under the Act. The revocation is effective from the date of registration and applies solely to Tabor College Inc (WA), as it is the only entity affected by this legislative instrument. The revocation does not impact the college's ability to offer education and training but restricts its capacity to provide FEE-HELP assistance to students, thereby limiting their access to this specific financial support. The instrument aligns with human rights, particularly the right to education, by ensuring that affected students can still access FEE-HELP through other higher education providers.

Key Provisions

The main operative sections of this legislation are Section 22-2 of the Higher Education Support Act 2003, which allows the Minister to revoke a body’s approval as a higher education provider if it ceases to be listed as such on the National Register, and Section 4, which provides notice of the decision to revoke Tabor College Inc (WA)'s approval. This revocation takes effect on the day the instrument is registered, as per Section 2 of the Higher Education Support (Tabor College Inc (WA)) Higher Education Provider Approval Revocation 2016. The Act imposes specific obligations on the parties governed by it, such as requiring Tabor College Inc (WA) to maintain its listing on the National Register to retain its approval as a higher education provider. Moreover, the Act mandates the Minister to revoke this approval if the college ceases to be listed, as stipulated in Section 22-2. This ensures that only eligible institutions can offer FEE-HELP assistance to students. Regarding consequences for breach, the Act does not explicitly state offences, penalties, or civil/criminal consequences for the revocation of approval itself. However, any misuse of FEE-HELP funds by the college prior to the revocation could result in penalties under other sections of the Act. The revocation of approval effectively terminates the college's eligibility to provide FEE-HELP assistance, impacting its students' financial support options but not its ability to deliver education and training.

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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.