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

Administered by Department of Education

Legislation au F2016L01242 In force Legislative Instrument

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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 Tasmania Inc)

 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.

 

Subsections 22-40(1) and 22-40(2) of the Act require the Minister to revoke the approval of a body as a higher education provider if the body requests in writing that the Minister revoke its approval at least 30 days before the day on which the revocation is requested to have effect.

 

Subsection 22-40(3) of the Act requires the Minister to notify the body of the revocation in writing at least 14 days before the day on which the revocation is to take effect.

 

Subsection 22-40(3A) of the Act stipulates that a notice of revocation under                  subsection 22-40(3) of the Act is a legislative instrument for the purposes of the

Legislation Act 2003.

 

Subsection 22-40(4) of the Act stipulates that the revocation has effect on the day requested by the body unless another day is specified in the notice of revocation.

 

Under paragraph 238-5(1)(b) of the Act, the Minister has delegated the Minister’s powers under subsections 22-40(1) and 22-40(3) of the Act to an APS employee with a classification of APS Executive Level 2 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 Tasmania Inc of its revocation of approval as a higher education provider; and

(b)   to revoke the legislative instrument Higher Education Support Act 2003 – Higher Education Provider Approval (No. 1 of 2006) (F2006L00330)

 

 

 

Background

 

Tabor College Tasmania Inc was approved by the Minister’s delegate as a higher education provider pursuant to Higher Education Support Act 2003 – Higher Education Provider Approval (No. 1 of 2006) which was registered on the Federal Register of Legislation on 7 February 2006 (F2006L00330).

 

On 8 July 2016, Mr Gary Lottering wrote to the Minister to request that its approval as a higher education provider be revoked under section 22-40 of the Act with effect from 8 August 2016.

 

This Instrument is a notice of revocation given under subsection 22-40(3) 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 22-40(4) of the Act, the revocation takes effect on the day requested by the body unless another day is specified in the Instrument.

 

Consultation

 

Consultation was undertaken with Tabor College Tasmania Inc to ensure no disadvantage to transferring students and completion of all data reporting responsibilities.

 

The Instrument is a legislative instrument for the purposes of the Legislation Act 2003 (subsection 22-40(3A) 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 Tasmania Inc) 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 Tasmania Inc) Higher Education Provider Approval Revocation 2016 (the Instrument).

 

Section 2 - Commencement

 

This section provides the day on which the Instrument commences. This is consistent with the requirement in subsection 22-40(4) of the Act.

 

 

Section 3 - Authority

 

This section provides that the authority for the Instrument is under section 22-40 of the Act.

 

Section 4 - Definitions

 

This section provides definitions for terms used in the Instrument.

 

Section 5 – Notice of Revocation of Approval As A Higher Education Provider

 

This section makes it clear that Tabor College Tasmania Inc’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 Tasmania Inc)                                                  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

Subsection 22-40(1) 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 if the body requests the Minister to revoke the approval.

 

The purpose of this Instrument is to provide notice to Tabor College Tasmania Inc of its revocation of approval as a higher education provider under section 22-40 of the Act (revocation of approval as a provider on application).

 

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 Tasmania Inc 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 Tasmania Inc 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 Tasmania Inc) Higher Education Provider Approval Revocation 2016, enacted under the Higher Education Support Act 2003, aims to address the revocation of Tabor College Tasmania Inc's approval as a higher education provider. This revocation responds to a request made by the college itself to the Minister for Education and Training. The Act empowers the Commonwealth to provide financial support for higher education and vocational training through grants and loans, including FEE-HELP assistance to students enrolled in eligible courses. This legislative instrument was introduced by the Minister's delegate under the authority conferred by the Act to revoke the approval of Tabor College Tasmania Inc, thereby ensuring compliance with the Act's provisions and maintaining the integrity of the FEE-HELP scheme. The policy objective behind this revocation is to ensure that the approval process for higher education providers remains rigorous and that any provider can have its approval revoked in accordance with the Act, thereby protecting the interests of students and the integrity of the financial assistance programs. Tabor College Tasmania Inc's request for revocation, effective from 8 August 2016, aligns with the Act's stipulations, and the revocation is communicated through this legislative instrument, which also repeals the original approval instrument. This action ensures transparency and adherence to the legislative framework governing higher education provider approvals.

Scope and Application

The Higher Education Support (Tabor College Tasmania Inc) Higher Education Provider Approval Revocation 2016, issued under the Higher Education Support Act 2003, pertains specifically to Tabor College Tasmania Inc. This legislative instrument revokes Tabor College Tasmania Inc’s approval as a higher education provider, impacting its ability to offer FEE-HELP assistance to students enrolled in its courses. The revocation takes effect on the date specified by the college, in this case, 8 August 2016, and is consistent with the requirements of the Act, particularly subsection 22-40(4). The revocation was communicated to Tabor College Tasmania Inc to ensure no disadvantage to its transferring students and completion of all necessary data reporting responsibilities. Although the revocation removes Tabor College Tasmania Inc’s eligibility to provide FEE-HELP assistance, it does not hinder the institution’s ability to continue offering education and training, as students can still access FEE-HELP from other approved higher education providers. The Instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, with no human rights issues arising from its implementation.

Key Provisions

The main operative sections of the Higher Education Support (Tabor College Tasmania Inc) Higher Education Provider Approval Revocation 2016 legislation include sections 22-40(1) and 22-40(2) of the Higher Education Support Act 2003, which provide that the Minister may revoke a body's approval as a higher education provider if the body requests such revocation in writing at least 30 days prior to the effective date of the revocation. Section 22-40(3) of the Act requires the Minister to notify the body of the revocation in writing at least 14 days before the revocation takes effect. This legislative instrument specifically provides notice to Tabor College Tasmania Inc of its revocation of approval as a higher education provider, revoking the legislative instrument that notified its original approval (subsection 238-5(1)(b) of the Act). The Act imposes several obligations on the parties involved. The Minister must act on a written request from the higher education provider to revoke approval if the provider requests it at least 30 days in advance. The Minister must also provide written notice of the revocation to the provider at least 14 days before the revocation takes effect. Tabor College Tasmania Inc, as the entity whose approval is being revoked, must ensure that its request for revocation is made in writing and well in advance of the desired effective date. The Act also requires the Minister to ensure that the revocation does not disadvantage transferring students and that all data reporting responsibilities are completed. The Higher Education Support Act 2003 imposes various consequences for non-compliance with its provisions. While the specific civil or criminal penalties for breaches of the Act are not detailed in the revocation instrument, it is clear that failing to comply with the Act's requirements, such as not providing the requisite written notice for revocation, could result in legal action. For example, if the Minister does not provide the required written notice of revocation to the provider, the revocation may be deemed invalid. Additionally, if Tabor College Tasmania Inc fails to provide a timely and valid request for revocation, it may continue to be subject to the Act's requirements as a higher education provider, which could lead to further regulatory actions if it fails to comply with other provisions of the Act. The revocation instrument itself specifies that the revocation of Tabor College Tasmania Inc's approval as a higher education provider takes effect on the date requested by the entity unless another date is specified in the notice of revocation. This ensures that the revocation process is transparent and that the entity has an opportunity to plan for the transition. Given the importance of the FEE-HELP scheme, the revocation must be handled carefully to avoid disrupting students' access to financial assistance. The Minister has delegated the powers to revoke approval to an APS employee with a classification of APS Executive Level 2 or higher, ensuring that the revocation is carried out by a suitably qualified individual.

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Area of Law
Education Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Offence Provisions
Reporting & Disclosure Obligations
Prohibited Conduct
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Revocation of Approval

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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.