Higher Education Provider Approval (No. 4 of 2005) (Cth)
INSTRUMENT OF APPROVAL
COMMONWEALTH OF
Higher Education Support Act 2003
Higher Education Provider Approval (No. 4 of 2005)
Approval and notice of approval pursuant to subsection 16-50 (1) of the Higher Education Support Act 2003
I, MARIA FERNANDEZ, of the Department of Education, Science and Training, acting as a delegate pursuant to subsection 16-50 (1) of the Higher Education Support Act 2003 (‘the HESA’) hereby approve and give notice of approval of the following body corporate as a Higher Education Provider:
College of Law Pty Ltd
In accordance with section 16-55 of the HESA and subsection 12(3), paragraph 42(1)(b) and section 57(2) of the Legislative Instruments Act 2003, this approval takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice.
Information as is specified in the Higher Education Provider Guidelines as information that must be provided to an applicant upon approval as a higher education provider is set out in Attachment 1 to this notice. Attachment 1 forms part of the contents of this notice.
Dated this ………24th…………… ………day of …………February…………………2005.
MARIA FERNANDEZ
Acting Group Manager, Higher Education Group
Department of Education, Science and Training
Attachment 1
HIGHER EDUCATION PROVIDER OBLIGATIONS UNDER THE HIGHER EDUCATION SUPPORT ACT 2003 (‘the HESA’)
In accordance with Chapter 5 of the Higher Education Provider (HEP) Guidelines, the following are the obligations that a HEP is required to meet in relation to the quality and accountability requirements.
Financial Viability Requirements (Subdivision 19-B of the Act)
- A HEP must meet the obligations in relation to the financial viability requirements set out Subdivision 19-B of the HESA, which are available at
- In addition, in relation to section 19-5 in Subdivision 19-B, a HEP is required to inform DEST in writing of any event affecting the provider or a related body corporate of the provider that may impact on the likelihood that the provider will remain financially viable. This must include changes to a HEP’s ownership; directors; legal/business structure; primary purpose; constitution (or equivalent document) or strategic plans (including its mission, goals and future direction); the issuance of equity, debt or other hybrid instruments to raise capital; planned reductions to capital base; and guarantees or loans to its controlled and/or associated entities exceeding in aggregate of 20% of its net asset value.
- Also, in relation to the requirements set out in section 19-10 2(a) of Subdivision 19-B, the form in which a HEP must give to the Minister a financial statement for each annual financial reporting period is a general purpose financial statement submitted in writing to DEST.
Quality Requirements(Subdivision 19-C of the Act)
· A HEP must meet the obligations in relation to the quality requirements set out Subdivision 19-C of the HESA, which are available at addition, in relation to section 19-20 in Subdivision 19-C, a HEP other than a Table A HEP must notify DEST of any change in its approval to issue higher education awards, or the requirements related to that approval, imposed by an authorised accreditation authority listed on the Australian Qualifications Register.
Fairness Requirements (Subdivision 19-D of the Act)
· A HEP must meet the obligations in relation to the fairness requirements set out Subdivision 19-D of the HESA, which are available at to section 19-70 of the HESA, in relation to section 19-35 in Subdivision 19-D, a HEP that wishes to vary its procedures for making decisions about the selection of students must submit revised selection procedures to DEST to ensure that they continue to comply with the requirements set out in section 19-35.
· In addition, in relation to section 19-40 in Subdivision 19-D, a HEP other than a Table A HEP or a body exempt from the tuition assurance requirements by the Minister, may only vary its approved arrangements to comply with the tuition assurance requirements set out in the HEP Guidelines made under the HESA, which are available at if DEST has given written consent to the change.
· In addition, in relation to paragraphs 2.5.1 and 2.20.1 of the HEP Guidelines, if a HEP changes its course assurance arrangements, it must submit a revised Course Assurance Statement to DEST for approval.
· Pursuant to section 19-70 of the HESA and in relation to paragraph 2.5.1 of the HEP Guidelines, a HEP which has satisfied the course assurance part of the tuition assurance requirements through a legally binding course assurance agreement or agreements with one or more other HEPs must submit to DEST by the 30th of June each year a list of all the courses of study for which a course assurance agreement is the method of course assurance and the alternative suitable course which would be available through the agreement for each of them.
· Pursuant to section 19-70 of the HESA and in relation to paragraphs 2.5.1 and 2.20.1 of the HEP Guidelines, a HEP which has satisfied either the course assurance part or the student contribution/tuition fee repayment assurance part of the tuition assurance requirements through a legally binding guarantee provided by a separate legal entity must submit to DEST by the 30th of June each year evidence that the entity providing that guarantee has adequate resources to fulfil the guarantee in respect of the students covered by the guarantee.
· In addition, pursuant to section 19-70 of the HESA, a HEP that wishes to vary either the grievance procedure or review procedure required in section 19-45 of Subdivision 19-D, must submit revised procedures to DEST to ensure that they continue to comply with the requirements set out in section 19-45.
- Finally, pursuant to section 19-70 of the HESA and in relation to section 19-50 in Subdivision 19-D, a HEP is obliged to advise DEST of any change in the review officer appointed to undertake reviews of decisions made by the provider relating to assistance under Chapter Three.
Compliance Requirements(Subdivision 19-E of the Act)
- A HEP must meet the obligations in relation to the compliance requirements set out Subdivision 19-E of the HESA, which are available at
- In addition, a HEP must:
-by
28 February 2005 or a later date specified by DEST, seek and be granted CHESSN Allocation Production Credentials. This will involve passing a series of tests using either Web Services or browser based technologies as specified by DEST to ensure a HEP's compliance with the technical specifications for CHESSN allocation; and
-by
30 June 2005 or a later date specified by DEST, seek and be granted DESTPAC certification. This will involve undertaking a series of tests using the DESTPAC validation tool to ensure compliance with DESTPAC validation rules.
- In addition, without limiting the general obligation under section 19-65 in Subdivision 19-E to comply with the requirements of the HESA, including guidelines made thereunder and available at the attention of HEPs is drawn to the following obligations:
·in relation to the administration of FEE-HELP, a HEP must:
- issue forms and booklets relating to the FEE-HELP programme, including the Request for FEE-HELP assistance form and the FEE-HELP information booklet;
- receive and assess the Request for FEE-HELP assistance forms. This includes determining student eligibility for FEE-HELP, ensuring forms are completed correctly, and ensuring that Tax File Numbers are provided; and
·in relation to the administration of Commonwealth supported places, a HEP must:
- issue forms and booklets relating to the Commonwealth supported places, including the Request for Commonwealth support and HECS-HELP form and the Information for Commonwealth supported students booklet; and
- receive and assess the Request for Commonwealth support and HECS-HELP, forms. This includes determining student eligibility for Commonwealth supported places and HECS-HELP, ensuring forms are completed correctly, and ensuring that Tax File Numbers are provided if a student is intending to access a HECS-HELP loan.
Contribution and fee requirements – subdivision 19F of the HESA
A HEP must meet the obligations in relation to the contribution and fee requirements set out Subdivision 19-F of the HESA, which are available at
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