EXPLANATORY STATEMENT
Notice of revocation of approval under section 22-20 of the Higher Education Support Act 2003
Issued by the authority of the Minister for Tertiary Education, Skills, Science and Research
Subject: Higher Education Support Act 2003 (HESA)
Revocation of approval of a body as a higher education provider under subsections
22-10(3) and 22-10(4) of HESA
Notice of revocation of approval under subsection 22-20(3) of HESA
Authority
Section 22-10(3) of the Higher Education Support Act 2003 (HESA) provides for the revocation of approval of a body as a higher education provider by the Minister if the body was a
non self- accrediting entity at the last time the body became a higher education provider; and since that time, the body has ceased to be a non self-accrediting entity.
Section 22-10(4) of HESA provides for the revocation of approval of a body as a higher education provider by the Minister if a course of study offered by the body that was an accredited course ceases to be an accredited course.
Under section 238-5 of HESA the Minister has delegated his powers under subsections 22-10(3) and 22-10(4) of HESA to an APS employee in the Department.
Subsection 22-35(1) of HESA stipulates that a notice of revocation under section 22-20(3) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Purpose
This legislative instrument revokes the approval of Oceania Polytechnic Institute of Education Pty Ltd as a higher education provider under subsections 22-10(3) and 22-10(4) of HESA, as the body has ceased to be a non self-accrediting entity and the course of study offered by Oceania Polytechnic Institute of Education Pty Ltd that was an accredited course has ceased to be an accredited course.
Background
Oceania Polytechnic Institute of Education Pty Ltd was approved by the Minister as a non self-accrediting higher education provider on 15 November 2004, by Instrument of Approval
No T54-2004.
Paragraphs 16-25(b)(iii) of HESA provides that the Minister may approve a body corporate as a higher education provider if the body is a non self-accrediting entity. Schedule 1 of HESA defines a non self-accrediting entity as a body corporate that is listed on the Australian Qualifications Framework Register.
Oceania Polytechnic Institute of Education Pty Ltd has ceased to be a non self-accrediting entity as the body's name has ceased to be included in the Australian Qualification Framework Register as of 1 January 2012 and the course of study offered by the body that was an accredited course has ceased to be an accredited course under the Victorian Registration and Qualifications Authority.
On 5 January 2012, under section 22-20(1) of HESA Oceania Polytechnic Institute of Education Pty Ltd was issued with notice that the Minister was considering revoking the body’s approval as a higher education provider under subsections 22-20(3) and 22-10(4) of HESA.
In accordance with paragraph 22-20(1)(c) Oceania Polytechnic Institute of Education Pty Ltd was invited to make written submissions by 14 February 2012 regarding why the body’s approval as a higher education provider should not be revoked. Oceania Polytechnic Institute of Education Pty Ltd was advised that if no written submission was received, that a decision on whether to revoke the body’s approval as a higher education provider would still be made. No written submission from Oceania Polytechnic Institute of Education Pty Ltd was received.
Commencement
In accordance with subsection 22-20(5)(a) of HESA, a notice issued by the Minister to revoke a body's approval as a higher education provider must include the date to which the revocation is to take effect.
Under subsection 22-35(2) the decision by the Minister to revoke the approval takes effect on the later of events. The notice of revocation commences on 28 June 2012.
Consultation
External consultation was not undertaken and was not considered necessary as Oceania Polytechnic Institute of Education Pty Ltd is the only body that is having its approval as a higher education provider revoked by this instrument, and therefore is the only body affected by this instrument.
The Minister has complied with the requirements of section 22-20 of HESA in affording the body procedural fairness.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Notice of Revocation of higher education provider approval
This Legislative Instrument (the 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 Legislative Instrument
The Instrument is made by the Minister under subsections 22-10(3), 22-10(4), 22-20(3) and 22-35(1) of the Higher Education Support Act 2003 (the Act).
The purpose of the Instrument is to revoke Oceania Polytechnic Institute of Education Pty Ltd as a higher education provider under the Act.
Pursuant to subsection 22-1(a) of the Act, a body ceases to be approved as a higher education provider if the approval is revoked under Subdivision 22-B of the Act.
Subsection 22-10(3) of the Act provides that the Minister may revoke a body’s approval as a higher education provider if the body was a non self-accrediting entity at the last time the body became a higher education provider and since that time, the body has ceased to be a non self-accrediting entity. Oceania Polytechnic Institute of Education Pty Ltd was a non self-accrediting entity at the last time it was approved as a higher education provider and since that time, has ceased to be a non self-accrediting entity.
Subsection 22-10(4) of the Act provides that the Minister may revoke a body’s approval as a higher education provider if the body was a non self-accrediting entity at the last time it became a higher education provider and a course of study offered by the body that was an accredited course ceases to be an accredited course. Oceania Polytechnic Institute of Education Pty Ltd has ceased to be a non self-accrediting entity since the last time it became a higher education provider and the accredited course the body offered has ceased to be an accredited course under the Victorian Registration and Qualifications Authority (VRQA).
A breach of either subsection 22-10(3) or 22-10(4) is a direct cause for revocation of a body’s approval under the Act.
Human rights implications
Right to education
The Instrument engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. In particular, this Instrument has an effect on the provision of higher education by Oceania Polytechnic Institute of Education Pty Ltd by revoking it as an approved higher education provider under the Act and thereby preventing it from offering assistance to its eligible students under the HECS-HELP, FEE-HELP, OS-HELP and SA-HELP schemes.
The objective of the Instrument is to revoke Oceania Polytechnic Institute of Education Pty Ltd as a higher education provider under the Act. Eligible students of Oceania Polytechnic Institute of Education Pty Ltd therefore will no longer be able to access assistance under the Act for a course of study.
To the extent that the right to education is engaged, this right is promoted by the Instrument as the Instrument aims to improve the integrity of the higher education sector by ensuring only quality self- accrediting or non self-accrediting higher education providers are approved and remain approved under the Act and by protecting students from receiving unaccredited qualifications.
Conclusion
This Instrument is compatible with human rights because it advances the protection of human rights.