Federal Register of Legislation - Australian Government

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Approvals as made
This instrument provides notice to North Metropolitan TAFE of the revocation of its approval as a higher education provider pursuant to section 22-2 of the Act and repeals the notice of approval of North Metropolitan TAFE as a higher education provider.
Administered by: Education, Skills and Employment
Registered 06 Oct 2021
Tabling HistoryDate
Tabled HR18-Oct-2021
Tabled Senate18-Oct-2021

                                                                                                                       

EXPLANATORY STATEMENT

 

Issued by the Authority of the Delegate for the Minister for Education

 

Higher Education Support Act 2003

 

Higher Education Support (North Metropolitan TAFE)

Higher Education Provider Approval Revocation 2021

 

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 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.

A body’s approval as a higher education provider must be revoked by the Minister in certain circumstances set out in Subdivision 22-AA of the Act. Subsection 22-2(1) of the Act provides that the Minister must revoke a body’s approval as a higher education provider if:

·      the body is no longer a registered higher education provider (within the meaning in the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act)); and

·      in a case where the Tertiary Education Quality and Standards Agency (TEQSA) has made either of the following decisions under the TEQSA Act, the decision has not been set aside or quashed, and is no longer subject to review:

o  a decision under section 36 of that Act to refuse an application to renew the body’s registration under Part 3 of that Act;

o  a decision under section 101 of that Act to cancel the body’s registration under Part 3 of that Act.

Subsection 22-2(2) of the Act provides that the Minister must notify the body in writing of the revocation. Subsection 22-2(3) provides that such a notice of revocation is a legislative instrument.

Under paragraph 238-5(1)(b) of the Act, the Minister has delegated his powers under section 22-2 of the Act to an APS employee with a classification of SES Employee Band 1 or higher with responsibility for the administration of the FEE-HELP scheme.

 

Purpose

The purpose of this legislative instrument (the Instrument) is:

(a)      to provide notice to North Metropolitan TAFE of the revocation of its approval as a higher education provider, pursuant to subdivision 22-AA, section 22-2 of the Act; and

(b)     to repeal the original notice of approval of North Metropolitan TAFE as a higher education provider. Notices of approval under paragraph 16-50(1)(b) are legislative instruments for the purposes of the Act.

 

 

Background

Section 16-27 of the Act provides that the Minister must not approve a body corporate as a higher education provider under section 16-25 of the Act unless the body is a ‘registered higher education provider’. A ‘registered higher education provider’ is a higher education provider

registered by TEQSA under Part 3 of the TEQSA Act and listed by TEQSA on the National Register of Higher Education Providers.

 

North Metropolitan TAFE (ABN: 23 489 495 403) withdrew its registration as a higher education provider with TEQSA, effective as of 14 October 2020.

 

North Metropolitan TAFE (ABN: 23 489 495 403) was approved by the Minister’s delegate as a higher education provider on 9 June 2016.

 

Subsection 22-2(1) of the Act provides that the Minister must revoke a body’s approval as a ‘higher education provider’ if the body is no longer a ‘registered higher education provider’, and a decision under the TEQSA Act to refuse an application to renew the body’s registration or to cancel the body’s registration, has not been set aside or quashed, and is no longer subject to review. Pursuant to subsection 22-2(2) of the Act, the Instrument notifies North Metropolitan TAFE in writing of the revocation of its approval in accordance with subsection 22-2(1) of the Act.

 

Consultation

The TEQSA National Register confirms that North Metropolitan TAFE has withdrawn its registration as a higher education provider. Further, the department’s records show that North Metropolitan TAFE is no longer providing higher education to students. No students will be affected by the Instrument and North Metropolitan TAFE       is the only higher education provider affected by the Instrument.

 

Procedural Fairness

The procedural fairness requirements in subdivision 22-C of HESA do not apply to the Minister’s obligations to revoke approval in the circumstances provided for under subdivision 22-AA. 

 

 

 

 

 


 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Higher Education Support (North Metropolitan TAFE) Higher Education Provider Approval Revocation 2021

The legislative instrument (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 22-2(1) of the Higher Education Support Act 2003 (the Act) provides that the Minister must revoke a body’s approval as a higher education provider if:

·      the body is no longer a registered higher education provider (within the meaning in the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act)); and

·      in a case where the Tertiary Education Quality and Standards Agency (TEQSA) has made either of the following decisions under the TEQSA Act, the decision has not been set aside or quashed, and is no longer subject to review:

o    a decision under section 36 of that Act to refuse an application to renew the body’s registration under Part 3 of that Act;

o    a decision under section 101 of that Act to cancel the body’s registration under Part 3 of that Act.

Subsection 22-2(2) of the Act provides that the Minister must notify the body in writing of the revocation. Subsection 22-2(3) provides that such a notice of revocation is a legislative instrument.

The purpose of the Instrument is:

·         to provide notice to North Metropolitan TAFE of the revocation of its approval as a higher education provider pursuant to section 22-2 of the Act; and

·         to repeal the notice of approval of North Metropolitan TAFE as a higher education provider.

 

Human rights implications

The Instrument engages, but does not limit the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. Article 13 recognises the right of everyone to education, which is directed towards the full development of the human personality and the sense of its dignity and to enable all persons to participate effectively in society.

The Instrument engages the right to education to the extent that may affect the provision of higher education by North Metropolitan TAFE as it revokes its approval as a higher education provider for the purposes of FEE-HELP under the Act thereby removing their ability to offer FEE-HELP assistance to students.

As North Metropolitan TAFE has ceased providing higher education to students and has activated its tuition assurance scheme, no students will be disadvantaged as a result of this revocation.

 

Conclusion

This Instrument is compatible with human rights as it does not raise any human rights issues.


 

Damian Coburn

 

Delegate of the Minister

 

 

Details of the Higher Education Support (North Metropolitan TAFE) Higher Education Provider Approval Revocation 2021

 

Section 1 - Name

This section provides that the name of the Instrument is the Higher Education Support (North Metropolitan TAFE) Higher Education Provider Approval Revocation 2021.

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 section 22-2 of the Act.

Section 4 - Definitions

This section provides a definition for the Act as it is used in the Instrument. A note clarifies that the term higher education provider has the same meaning as given in the Act.

Section 5 - Notice of Revocation of Approval as a Higher Education Provider

This section notifies North Metropolitan TAFE of the revocation of its approval as a higher education provider.