VET Student Loans (Approved Course Provider Application Fee) Determination 2017 [F2017L01060]-Concluded matters [2017] AUSStaCSDLM 418 (15 November 2017)

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Instrument	VET Student Loans (Approved Course Provider Application Fee) Determination 2017 [F2017L01060]
Purpose	Prescribes a fee for making applications for approval as an approved course provider under the VET Student Loans Act 2016
Authorising legislation	VET Student Loans Act 2016
Portfolio	Education and Training
Disallowance	15 sitting days after tabling (tabled Senate 4 September 2017) Notice of motion to disallow currently must be given by 16 November 2017
Scrutiny principle	Standing Order 23(3)(a)
Previously reported in	Delegated legislation monitor 13 of 2017

No statement of compatibility

The committee previously commented as follows:

Section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the maker of a disallowable instrument to have prepared a statement of compatibility in relation to the instrument. The statement of compatibility must include an assessment of whether the instrument is compatible with human rights. Paragraph 15J(2)(f) of the Legislation Act 2003 requires that the statement of compatibility be included in the ES for the instrument.

With reference to these requirements, the committee noted that the ES for the determination did not include a statement of compatibility.

The committee requested the minister's advice as to why a statement of compatibility was not included in the ES; and requested that the ES be updated in accordance with the requirements of the Human Rights (Parliamentary Scrutiny)

Act 2011 and the Legislation Act 2003.

Minister's response

The Assistant Minister for Vocational Education and Skills advised:

The absence of a Statement of Compatibility with Human Rights accompanying the Explanatory Statement to the VET Student Loans (Approved Course Provider Application Fee) Determination 2017
[F2017L01060] was due to an inadvertent omission. I apologise for this oversight.
A human rights assessment of the instrument has been undertaken and the instrument has been assessed as compatible with human rights and meeting the requirements under the Human Rights (Parliamentary Scrutiny) Act 2011 and the Legislation Act 2003.
A replacement Explanatory Statement including a Statement of Compatibility with Human Rights will be lodged for registration with the Federal Register of Legislation as soon as practicable.

Committee's response

The committee thanks the Assistant Minister for her response and notes that a replacement ES containing the statement of compatibility with human rights has now been registered and published on the Federal Register of Legislation.

The committee has concluded its examination of the instrument.

Senator John Williams (Chair)