Higher Education Provider Amendment (Application Fee) Guidelines 2025

Administered by Department of Education

Legislation au F2025L01010 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Education

Higher Education Support Act 2003

Higher Education Provider Amendment (Application Fee) Guidelines 2025

AUTHORITY

Section 238-10 of the Higher Education Support Act 2003 (the Act) provides that the Minister may make Higher Education Provider Guidelines to, amongst other things, provide for matters necessary or convenient to be provided in order to carry out, or give effect to, certain provisions in the Act.

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by‑laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument. The amendment to the Higher Education Provider Guidelines 2023 (the Principal Instrument) made by the Higher Education Provider Amendment (Application Fee) Guidelines 2025 (the Amendment Instrument) rely on this provision.

PURPOSE AND OPERATION

Paragraph 16-40(2)(c) of the Act provides that any body corporate that applies in writing to the Minister for approval as a higher education provider, must pay a fee (if any) prescribed by, or worked out in accordance with the method prescribed by, the Principal Instrument.

The Amendment Instrument amends the Principal Instrument to list the application fees for 2025, 2026 and 2027. The amendment prescribes an application fee for 2025, 2026 and 2027. The application fees for these years are set at a level that recovers the costs of administering and assessing applications from prospective higher education providers.

IMPACT ANALYSIS

The Office of Impact Analysis has been consulted and advised that an Impact Analysis is not required for the Amendment Instrument (ID: OIA24-08702).

COMMENCEMENT

The Amendment Instrument commences on the day after it is registered on the Federal Register of Legislation.

CONSULTATION

The imposition of a higher education application fee was introduced in the Higher Education Support Amendment (Cost Recovery) Act 2019, which introduced cost recovery measures for the Higher Education Loan Program (HELP) in the higher education sector. Higher education stakeholders were consulted on the higher education cost recovery charging arrangements introduced by that Act.

As consultation has already taken place on the imposition of a higher education application fee, and the Amendment Instrument simply sets out the amount of that fee for 2025, 2026 and 2027 (which is set at a level that recovers the costs of administering and assessing applications from prospective higher education providers), it was considered unnecessary to undertake any further additional consultation in relation to the Amendment Instrument.


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

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

Higher Education Provider Amendment (Application Fee) Guidelines 2025

The Higher Education Provider Amendment (Application Fee) Guidelines 2025 (the Amendment 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

Paragraph 16-40(2)(c) of the Higher Education Support Act 2003 (the Act) provides that any body corporate that applies in writing to the Minister for approval as a higher education provider, must pay a fee (if any) prescribed by, or worked out in accordance with the method prescribed by, the Higher Education Provider Guidelines 2023 (the Principal Instrument).

The Amendment Instrument amends the Principal Instrument to list the application fees for 2025, 2026 and 2027. The amendment prescribes an application fee for 2025, 2026 and 2027. The application fees for these years are set at a level that recovers the costs of administering and assessing applications from prospective higher education providers.

Human rights implications

The purpose of the Amendment Instrument is to prescribe higher education provider application fees for 2025, 2026 and 2027. These amendments to prescribe application fees for higher education providers do not engage any human rights and freedoms.

Conclusion

The Amendment Instrument is compatible with human rights because it does not raise any human rights issues.

 

Minister for Education, the Hon Jason Clare MP

HIGHER EDUCATION PROVIDER AMENDMENT (APPLICATION FEE) GUIDELINES 2025

EXPLANATION OF PROVISIONS

Section 1: Name

  1.   This is a formal provision specifying the name of the Higher Education Provider Amendment (Application Fee) Guidelines 2025 (the Amendment Instrument).

Section 2: Commencement

  1.   This provision provides that the Amendment Instrument commences on the day after the Amendment Instrument is registered on the Federal Register of Legislation.

Section 3: Authority

  1.   This provision provides that the Amendment Instrument is made under section 238‑10 of the Higher Education Support Act 2003 (the Act).

Section 4: Schedules

  1.   This is a technical provision that explains that the instrument that is specified in a Schedule to the Amendment Instrument is amended or repealed as set out in the applicable items in the Schedule concerned.

Schedule 1 – Amendments

Higher Education Provider Guidelines 2023

Item 1: Section 19

  1.   Section 19 of the Higher Education Provider Guidelines 2023 (the Principal Instrument) prescribes, for the purposes of paragraph 16-40(2)(c) of the Act, the application fee for a year that must accompany a body corporate’s application for approval as a higher education provider.  
  2.   Item 1 repeals the table in section 19, and substitutes it with an updated table listing the application fees for 2025, 2026 and 2027. The updated table prescribes an application fee for 2025, 2026 and 2027.

Overview

The Higher Education Provider Amendment (Application Fee) Guidelines 2025, issued under section 238-10 of the Higher Education Support Act 2003, sets out the application fees for prospective higher education providers for the years 2025, 2026, and 2027. The Act, enacted in 2003, was designed to regulate and support the higher education sector in Australia, and this amendment specifically addresses the cost recovery mechanisms for application processing. The Amendment Instrument was introduced by the Minister for Education and is intended to recover the costs associated with administering and assessing applications from prospective higher education providers. The fees set by the Amendment Instrument are designed to align with these operational costs, ensuring the sustainability and efficiency of the application process. The guidelines will come into effect the day after they are registered on the Federal Register of Legislation, and no further consultation was deemed necessary as the imposition of application fees was previously subject to stakeholder consultation under the Higher Education Support Amendment (Cost Recovery) Act 2019.

Scope and Application

The Higher Education Provider Amendment (Application Fee) Guidelines 2025 applies to any body corporate seeking approval as a higher education provider under the Higher Education Support Act 2003. This Act pertains to entities operating within the higher education sector in Australia, including both domestic and international providers. The Guidelines specifically address the financial obligations of these entities by setting the application fees for prospective higher education providers for the years 2025, 2026, and 2027. These fees are designed to recover the administrative and assessment costs associated with processing applications. The Guidelines have a national reach, applying across all states and territories of Australia as they are made under Commonwealth legislation. There are no stated exclusions or exemptions within the Guidelines, and the fees are set at a level intended to cover the costs of administering applications. The application of these Guidelines can be further extended or restricted through subordinate instruments, in line with the legislative powers conferred under the Higher Education Support Act 2003.

Key Provisions

The Higher Education Provider Amendment (Application Fee) Guidelines 2025 amends the Higher Education Provider Guidelines 2023 to prescribe the application fees for higher education providers for the years 2025, 2026, and 2027. Specifically, section 19 of the Principal Instrument, which sets out the application fee for a particular year, is amended to include a new table listing the fees for these years. The fees are set at levels intended to cover the costs associated with administering and assessing applications from prospective higher education providers. Entities subject to the Act, particularly those that are body corporates seeking approval as higher education providers, must adhere to the new application fee requirements specified in the Amendment Instrument. These entities must ensure that they pay the prescribed application fees for the relevant years when submitting their applications for approval. The fees are a mandatory requirement under the Act, and failure to comply may result in the application not being processed. There are no specific offences, penalties, or civil/criminal consequences outlined in the Amendment Instrument itself for non-compliance with the prescribed application fees. However, non-compliance with the Act or the Guidelines generally could lead to administrative penalties or other consequences as outlined in the Higher Education Support Act 2003. The fees are intended to be set at a level that recovers the costs of administering and assessing applications, ensuring that the process is financially sustainable and efficient. The Act and its associated Guidelines provide the framework within which these fees are applied, and entities must follow these provisions to remain compliant.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.