Overview

The Eligible Education Providers and Educational Business Partners 2016 (Instrument IMMI 16/003) was enacted under the authority of clauses 572.112, 573.112, 574.112 and 575.112 of Schedule 2 to the Migration Regulations 1994, and addresses the need to update the list of non-university education providers eligible for hosting international students under specific visa subclasses. This legislation was introduced by the Commonwealth of Australia, with the intent to revoke the previous Instrument IMMI 15/132 and remove certain education providers from the list of eligible education providers and their nominated business partners. The policy objective is to ensure that only qualified and compliant education providers are permitted to participate in the provision of student visas, thereby maintaining the integrity and quality of the vocational and higher education sectors in Australia.

Scope and Application

The Instrument IMMI 16/003, Eligible Education Providers and Educational Business Partners 2015, is made under specific clauses of the Migration Regulations 1994, revoking an earlier instrument IMMI 15/132. This legislative action targets the removal of certain education providers from the list of Non-University Education Providers, specifically affecting the Melbourne Institute of Training and Technology Pty Ltd, Metro College of Technology Pty Ltd, and Australian Institute of Professional Education Pty Ltd, along with their nominated business partners. This change is applicable to Subclass 572, Vocational Education and Training Sector; Subclass 573, Higher Education Sector; and Subclass 574, Postgraduate Research Sector Student visas, as well as for Subclass 575, Non-award Sector Student visas. The scope of this Instrument is limited to those entities specifically listed for removal and does not affect other eligible education providers or business partners outside of this list. The Instrument's reach is national, applying across Australia, and is exempt from disallowance as per section 44 of the Legislative Instruments Act 2003. This Instrument takes effect the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of the Instrument IMMI 16/003 are sections 1 to 4, which specify the education providers eligible for certain student visas. Section 1 identifies the education providers as eligible for Subclass 572 – Vocational Education and Training Sector Student visas, section 2 lists those eligible for Subclass 573 – Higher Education Sector Student visas, section 3 includes those eligible for Subclass 574 – Postgraduate Research Sector Student visas, and section 4 specifies the education providers eligible for Subclass 575 – Non-award Sector Student visas. Section 5 explains that consultation was conducted with relevant authorities, namely the Australian Skills Quality Authority and the Commonwealth Department of Education and Training, prior to the making of this Instrument. Section 6 notes that the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not necessary for this Instrument. Finally, section 7 provides that this Instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, and thus a Statement of Compatibility with Human Rights is not required. The Instrument imposes several obligations and requirements on the parties it governs. Firstly, it specifies which education providers are eligible to be recognised as such for the purposes of the various student visa subclasses. This eligibility is contingent on the providers meeting certain criteria set by the Australian Skills Quality Authority and the Commonwealth Department of Education and Training. The Instrument also necessitates the revocation of IMMI 15/132, which previously listed certain education providers and their business partners. This revocation ensures that only those providers currently listed in IMMI 16/003 are recognised as eligible. Furthermore, the Instrument mandates that these eligible providers must maintain compliance with the standards and requirements set by the relevant authorities to retain their eligibility status. Regarding the consequences for breach, the Instrument does not explicitly state any offences, penalties, or civil/criminal consequences within the text provided. However, it is reasonable to infer that failure to comply with the criteria for eligibility could result in a provider being removed from the list of eligible education providers, which would in turn affect their ability to host international students on student visas. This could have significant implications for the providers, including potential financial losses and reputational damage. Additionally, non-compliance with the standards and requirements set by the Australian Skills Quality Authority and the Commonwealth Department of Education and Training could lead to further sanctions or legal actions from these authorities. The Instrument IMMI 16/003, being a legislative instrument, comes into effect on the day after it is registered on the Federal Register of Legislative Instruments. This registration process ensures that the Instrument is officially published and accessible to the public, thereby providing clarity and transparency regarding the eligibility criteria for education providers. The Instrument's commencement date signifies the point at which it begins to have legal effect and governs the activities of the parties it regulates.