EXPLANATORY STATEMENT
Issued by the Authority of the Delegate for the Minister for Small and Family Business, Skills and Vocational Education
Higher Education Support Act 2003
Higher Education Support (The Mask Academy Pty Ltd) VET Provider Approval Revocation 2018
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 a 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. In cases where the body’s registration has ceased following a decision by the relevant VET regulator, the Minister may only make a decision under clause 29B once the body’s rights of review or appeal of that decision have either expired or been exhausted.
Under paragraph 238-5(1)(b) of the Act, the Minister has delegated the Minister’s 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 revoke the approval of The Mask Academy Pty Ltd (Mask Academy) as a VET provider; and
(b) to revoke the legislative instrument Higher Education Support Act 2003 - VET Provider Approval (No. 27 of 2014) (F2014L00526).
Background
Mask Academy was approved by the Minister’s delegate as a VET provider pursuant to Higher Education Support Act 2003 - VET Provider Approval (No. 27 of 2014) which was registered on the former Federal Register of Legislative Instruments on 13 May 2014 (F2014L00526).
Mask Academy ceased to be listed as a registered training organisation on the National Register on 22 June 2018. On the same day, the National VET Regulator’s delegate made a decision under section 39 of the National VET Regulator Act 2011 to cancel Mask Academy’s registration as an NVR registered training organisation. That decision has not been set aside or quashed and is no longer subject to review.
This Instrument is a notice of revocation given under subclause 29B(2) of Schedule 1A to the Act.
In accordance with paragraph 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.
Consistent with the requirements of subclauses 29B(2) and 29B(4) 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 is of Mask Academy’s approval as a VET provider for the purposes of VET FEE‑HELP, and Mask Academy is the only body affected by the Instrument. In addition, pursuant to clause 29B(1) of Schedule 1A, the Minister is required to revoke the approval of the Mask Academy as a VET provider.
The Instrument is a legislative instrument for the purposes of the Legislation Act 2003 (subclause 29B(3) of Schedule 1A to the Act) but section 42 of the Legislation Act 2003 (disallowance) does not apply to the notice.
Details of the Higher Education Support (The Mask Academy Pty Ltd) VET Provider Approval Revocation 2018
Section 1 - Name
This section provides that the name of the Instrument is the Higher Education Support (The Mask Academy Pty Ltd) VET Provider Approval Revocation 2018 (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 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 The Mask Academy Pty Ltd’s approval as a VET provider is revoked.
It also revokes the legislative instrument Higher Education Support Act 2003 - VET Provider Approval (No. 27 of 2014) (F2014L00526), which notified its original approval as a VET provider.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Higher Education Support (The Mask Academy Pty Ltd) VET Provider Approval Revocation 2018
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 must, by legislative instrument, revoke a body’s approval as a VET provider if the body ceases to be a registered training organisation.
The purpose of this Instrument is to revoke the approval of The Mask Academy Pty Ltd as a VET provider under clause 29B of Schedule 1A to the Act.
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 The Mask Academy Pty Ltd 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 particular instrument does not affect the capacity of The Mask Academy Pty Ltd to continue to deliver education and training, it only removes its ability to offer VET FEE‑HELP to students enrolled in its courses; existing students may access VET FEE-HELP assistance to complete their courses with another VET provider.
Conclusion
This Instrument is compatible with human rights as it does not raise any human rights issues.
Anne Flynn
Delegate of the Minister for Small and Family Business, Skills and Vocational Education