EXPLANATORY STATEMENT
Approval and Notice of Approval under section 16-25 and subsection 16-50(1)
of the Higher Education Support Act 2003
Higher Education Provider Approval No. 1 of 2014
Issued by the authority of the Minister for Education
Authority
Section 16‑25 of Higher Education Support Act 2003 (the Act) provides for the approval of bodies as Higher Education Providers by the Minister. Paragraph 16‑50(1)(a) of the Act provides that the Minister must decide an application for approval as a Higher Education Provider and under paragraph 16‑50(1)(b) cause the applicant to be notified in writing whether or not the applicant is approved as a Higher Education Provider.
Under section 238-5 of the Act the Minister has delegated his powers under section 16‑25 and subsection 16‑50(1) of the Act to an APS employee responsible for administering the Act.
Subsection 16-55(1) of the Act stipulates that a notice of approval under paragraph 16‑50(1)(b) of the Act is a legislative instrument.
Purpose
This instrument:
- approves West Coast Institute of Training (ABN: 96 285 133 227) as a Higher Education Provider under section 16‑25 of the Act;
- decides the application of West Coast Institute of Training for the purposes of paragraph 16‑50(1)(a) of the Act; and
- gives West Coast Institute of Training notice of that approval for the purposes of paragraph 16‑50(1)(b) of the Act.
Commencement
In accordance with subsection 16‑55(2) of the Act and paragraph 12(1)(d) of the Legislative Instruments Act 2003, the notice and the decision to approve West Coast Institute of Training as a Higher Education Provider take effect on the day after the notice is registered on the Federal Register of Legislative Instruments.
Consultation
Consultation was not undertaken and was not considered necessary in this case because the notice confers a benefit on West Coast Institute of Training and this body is the only body affected by the notice. This notice will not have a direct or substantial indirect effect on business, nor will it restrict competition.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Notice of Approval
This 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
The Instrument is made by the Minister under section 16‑25(1), paragraph 16‑50(1)(b) and subsection 16‑55(1) of the Act. The purpose of the Instrument is to approve West Coast Institute of Training as a Higher Education provider for the purposes of FEE‑HELP assistance under the Act. For approval as a Higher Education Provider the Minister must be satisfied that the body meets the requirements of section 16‑25 of the Act.
Human rights implications
Right to education
The Instrument engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. In particular, this Instrument has an effect on the provision of education by West Coast Institute of Training by approving it as a Higher Education provider for the purposes of FEE‑HELP assistance under the Act, enabling it to offer FEE-HELP assistance to its eligible students.
The objective of the Instrument is to approve West Coast Institute of Training as a Higher Education provider under the Act and thereby enable eligible students of West Coast Institute of Training to access FEE‑HELP assistance for courses of study.
To the extent that the right to education is engaged, this right is promoted by the Instrument as the Instrument approves West Coast Institute of Training as a Higher Education provider, thereby extending FEE‑HELP assistance and the availability of education to its eligible students.
Conclusion
This Instrument is compatible with human rights because it advances the protection of human rights.
Overview
The Higher Education Support Act 2003 was enacted to establish a framework for the provision of financial assistance to students in higher education, ensuring the quality and standards of higher education providers. This Act addresses the gap in ensuring that institutions offering higher education are properly regulated and meet certain standards to qualify for government support schemes such as FEE-HELP. Enacted by the Parliament of Australia, the policy objective of the Act is to support higher education providers and students by ensuring that institutions meet quality benchmarks and provide educational services that are accessible and beneficial. The Act empowers the Minister for Education to approve bodies as Higher Education Providers, which is crucial for these institutions to access government-funded support programs and maintain educational standards. The approval process ensures that only qualified providers can participate in these programs, thereby protecting students and maintaining the integrity of the higher education sector.
Scope and Application
The Explanatory Statement outlines the legislative instrument that approves West Coast Institute of Training as a Higher Education Provider under the Higher Education Support Act 2003. This instrument is issued by the authority of the Minister for Education and grants the specified educational institution the approval necessary to offer FEE-HELP assistance to its eligible students. The approval process involves a decision by the Minister to approve the application in accordance with section 16-50(1) of the Act, and a subsequent notification to the applicant of this decision under subsection 16-50(1)(b). The instrument is effective from the day after it is registered on the Federal Register of Legislative Instruments. The Minister has delegated the powers to approve and notify under sections 16-25 and 16-50(1) of the Act to an Australian Public Service employee responsible for administering the Act. The notice of approval is itself a legislative instrument under subsection 16-55(1) of the Act. The instrument engages the right to education, as it facilitates the provision of higher education services by approving West Coast Institute of Training as a Higher Education Provider.
Key Provisions
The main operative sections of this legislation include sections 16-25, 16-50(1), and 16-55 of the Higher Education Support Act 2003. Section 16-25 allows for the approval of bodies as Higher Education Providers by the Minister, while section 16-50(1) mandates that the Minister must notify the applicant in writing of the decision on their application for approval (16-50(1)(a)) and issue a notice of approval or rejection (16-50(1)(b)). Section 16-55(1) stipulates that a notice of approval is considered a legislative instrument. The purpose of this particular legislative instrument is to approve West Coast Institute of Training as a Higher Education Provider, decide on its application, and provide notice of the approval (subsection 16-55(2)).
The Higher Education Support Act 2003 imposes several obligations and requirements on parties governed by the Act. Firstly, the Minister, or a delegate, must assess whether an applicant meets the criteria for approval as a Higher Education Provider. This involves reviewing the application and determining if the applicant meets the necessary requirements. Secondly, the Act requires the Minister to provide written notification to the applicant regarding the outcome of their application. This notification must include details of the decision, including whether the application has been approved or rejected. Finally, if the application is approved, the Minister must issue a notice of approval, which is a legislative instrument, and ensure it is registered on the Federal Register of Legislative Instruments.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the explanatory statement for breaches of the Higher Education Support Act 2003 or the legislative instrument. However, it is worth noting that failure to comply with the Act's requirements or the terms of the approval could potentially lead to legal challenges, administrative penalties, or the revocation of the Higher Education Provider status. The Minister has the authority to review and monitor compliance with the Act and its provisions, and may take appropriate action if necessary.