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

Legislation au F2016L01283 Not 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))

 VET 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).

 

Schedule 1A to the Act provides for loans, called VET FEE-HELP assistance, to be made available to students enrolled in certain VET courses. A body has to be approved by the Minister as a VET provider before its students can receive VET FEE-HELP.

 

Clause 29B of Schedule 1A to the Act provides that the Minister must revoke the approval of that body if the body ceases to be listed as a registered training organisation on the National Register maintained in accordance with section 216 of the National Vocational Education and Training Regulator Act 2011.

 

Under paragraph 238-5(1)(b) of the Act, the Minister has delegated his or her powers under subclauses 29B(1) and 29B(2) of Schedule 1A to the Act to an APS employee with a classification of SES Employee Band 1 or higher with responsibility for the administration of the VET 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 VET provider; and

(b)   to revoke the legislative instrument Higher Education Support Act 2003 - VET Provider Approval (No. 2 of 2013) (F2013L00055)

 

Background

 

Tabor College Inc (WA) was approved by the Minister’s delegate as a VET provider pursuant to Higher Education Support Act 2003 - VET Provider Approval (No. 2 of 2013) which was registered on the Federal Register of Legislation on 16 January 2013 (F2013L00055).

 

Tabor College Inc (WA) ceased to be listed as a registered training organisation on the National Register on 28 August 2015, that registration having been cancelled with the consent of Tabor College Inc (WA).

 

This Instrument is a notice of revocation given under clause 29B of Schedule 1A to the Act.

 

In accordance with subclause 29(a) of Schedule 1A to the Act, a body ceases to be approved as a VET provider if a decision to revoke the approval is in effect under Subdivision 5-AA,
5-B or 5-D.

 

Consistent with the requirements of subclause 29B(2) of Schedule 1A to 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 VET provider of Tabor College Inc (WA) is for the purposes of

VET 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 (subclause 29B(3) of Schedule 1A to 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)) VET 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)) VET 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 subclause 29B(2) of Schedule 1A to the Act.

 

Section 3 - Authority

 

This section provides that the authority for the Instrument is under clause 29B of Schedule 1A to 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 VET Provider

 

This section makes it clear that Tabor College Inc (WA)s approval as a VET 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))                                                             VET 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

Clause 29B of Schedule 1A to the Higher Education Support Act 2003 (the Act) provides that the Minister may, by legislative instrument, revoke a body’s approval as a VET provider under Subdivision 5-AA of Schedule 1A to 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 VET provider under subclause 29B(1) of Schedule 1A to the Act (Automatic revocation of approval if body ceases to be listed as a registered training organisation 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 vocational education and training (VET) by Tabor College Inc (WA) as it revokes its approval as a VET provider for the purposes of VET FEE-HELP under the Act which removes its ability to offer                    VET 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 VET FEE-HELP to students enrolled in its courses; existing and prospective students may access

VET FEE-HELP from another VET 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)) VET Provider Approval Revocation 2016 was enacted to address the need for the revocation of Tabor College Inc (WA)'s approval as a Vocational Education and Training (VET) provider under the Higher Education Support Act 2003. The Act, established by the Commonwealth, facilitates financial support for higher education and certain VET through grants, payments, and financial assistance, including VET FEE-HELP loans for eligible students. The revocation was mandated by clause 29B of Schedule 1A to the Act, which requires the Minister to revoke a VET provider's approval if the provider ceases to be listed on the National Register of the National Vocational Education and Training Regulator Act 2011. This revocation was executed to ensure compliance with legislative requirements and to maintain the integrity of the VET FEE-HELP scheme, thereby safeguarding the rights and educational opportunities for students. The revocation was carried out by the Minister's delegate, an Australian Public Service employee with the appropriate classification, and it took effect upon registration of the Instrument.

Scope and Application

The Higher Education Support (Tabor College Inc (WA)) VET Provider Approval Revocation 2016 is a legislative instrument that operates under the Higher Education Support Act 2003. This Act allows the Commonwealth to provide financial support for higher education and certain vocational education and training (VET) courses, including the provision of VET FEE-HELP assistance to eligible students. The instrument specifically targets Tabor College Inc (WA) by revoking its approval as a VET provider. This revocation is triggered by the cessation of Tabor College Inc (WA) from being listed as a registered training organisation on the National Register under the National Vocational Education and Training Regulator Act 2011. The Minister's power to revoke the approval stems from Clause 29B of Schedule 1A to the Higher Education Support Act 2003, and this particular revocation is effective from the day the instrument is registered. The revocation impacts Tabor College Inc (WA) by removing its eligibility to offer VET FEE-HELP to its students, although the college can still provide education and training without this specific assistance. This legislative action is confined to Tabor College Inc (WA) and does not extend to other entities or individuals.

Key Provisions

The Higher Education Support (Tabor College Inc (WA)) VET Provider Approval Revocation 2016 revokes Tabor College Inc (WA)'s approval as a VET provider under the Higher Education Support Act 2003 (the Act). Specifically, section 5 of the instrument states that Tabor College Inc (WA)'s approval as a VET provider is revoked. This revocation takes effect from the day the instrument is registered, as stated in section 2 of the instrument. The authority for this revocation is derived from clause 29B of Schedule 1A to the Act, which mandates the revocation of approval if the body ceases to be listed as a registered training organisation on the National Register. The obligations imposed by the Act on Tabor College Inc (WA) include ensuring that they remain listed as a registered training organisation on the National Register to maintain their approval as a VET provider. The revocation of their approval means that Tabor College Inc (WA) can no longer offer VET FEE-HELP assistance to students enrolled in their courses. This requirement is critical as VET FEE-HELP is a financial support mechanism for vocational education and training under the Act. There are no specific offences or penalties outlined in the instrument itself, but the revocation of approval has significant implications for Tabor College Inc (WA). The primary consequence is the loss of eligibility to offer VET FEE-HELP assistance, which impacts their ability to provide certain financial support to their students. While the revocation does not affect Tabor College Inc (WA)'s capacity to deliver education and training, it restricts their ability to participate in the VET FEE-HELP scheme. Existing and prospective students may still access VET FEE-HELP from other approved VET providers, thus mitigating some of the impact on students' right 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.